A CASE OF ‘SIMPLE THEFT’

I received a desperate text the other day from a former inmate from the jail in 164.  Oly spent 5 years in jail and was released a little over a year ago.

Since her release she has been an active member of ‘Xcell’  (group of ex-prisoners who are committed to helping inmates and ex-prisoners).  She would go to the court to ‘follow-up’ the cases of inmates.

What do I mean by ‘follow-up’?  Well, in a country where the courts are overloaded, it is easy for cases to get lost in the system.

I once ‘followed-up’ the case of an inmate.  

Her case was ‘simple theft’ and she had been in jail for  three years (the duration of the trial).  When she was finally sentenced she was given 3-6 months.  She wrote to the judge asking him to consider her time served.  Her request was denied.  She asked for my help 9 months after her promulgation (pronouncement of sentence).

This poor woman had clearly been forgotten.

I have been in the Philippines for almost 29 years now, and I have learned that it is really not helpful to get angry, make accusations and ascribe blame.  It’s far more effective to try to understand that these people are overwhelmed with cases, and trying to keep on top of things would be daunting for anyone.  By simply bringing this poor woman’s case to the attention of the court had enough impact.

I visited the jail a few days later and she had been released.  As for inmates who have no one to ‘follow-up’, they so easily get lost in the system..

Oly, having experienced life on the inside, vowed to help her former co-inmates by making regular ‘follow-ups’ to their cases.

Oly's (seen here kneeling) team wins the talent competition in 164 jail 2009

Imagine my shock to read that she was texting me from behind bars in the city jail.  She sounded so desperate.

She had been trying hard since her release to get a job to support her 6 children.  Along with other ‘Xcells’, she had received training as a machinist and at last was so excited to have been offered a job at a local factory.  All she needed was to submit her NBI (National Bureau of Investigation) clearance and she was all set to start her new job. 

NBI clearance is a requirement when applying for any job here in the Philippines.  It is basically a document to state that the individual has no pending criminal cases.

When the police checked her records they arrested her immediately and put her in the city jail.  They told her that she had a pending case from 1992.

Those of us who know the judicial system here know that once apprehended getting out of jail is no easy task. 

The case was regarding a missing piece of jewellery that someone had reported to the police in 1992, for which Oly (who was just a teenager then) was accused.  She had settled the case with the complainant and she had paid for the missing item, but the complainant forgot to file an affidavit of desistence to cancel her complaint. 

As I previously stated, a 'simple theft' case can take at least three years.

We were told that nothing could be done for Oly because the judge was out of town. 

I immediately went to visit her, offer some words of encouragement and put a good word in for her to police.  Lots of friends, family and ‘Xcells’ were there to offer their support too.  Though it seemed hopeless, just having that moral support lifted her spirits and you just never know, sometimes ‘following-up’ just does make a difference. 

The following day someone offered to pay the amount needed to settle the problem and I am very pleased to say, Oly was released.

She now has a certificate stating that she has no criminal record!!!  And she is free to continue helping other inmates as the new president of ‘Xcell’!! 

Oly holding her NBI clearance stating that she has no criminal record

By the way, Oly started her new job in the factory the next day.

A BRUSH WITH THE LAW

I'm starting to quite like this ‘blogging’ thing.  It gives me a chance to put a voice to the things that I think.

I  write a newsletter every month, but there’s only limited things I can say in that and I don't get to be too personal.  A blog gives me the chance to let you know what it’s like to be me. 

Now my (7) kids are growing up I get to say that a lot.  When they shout, “Who’s taken my chocolate out of the fridge??” I tell them, “Now you know what it feels like to be me!!” 

Of course I’m assuming that you are reading this blog because you are interested in what it is like to be me!!!

Did I mention that I work with prisoners?  Well, that is what I do here in the Philippines and I love my job.

I lead a team and we visit 4 jails every week when and if finances permit, we visit the Maximum, Medium and RDC prisons in Muntinlupa (South Manila) once a month.

MUNTINLUPA MAXIMUM SECURITY PRISON 

MUNTINLUPA MEDIUM SECURITY PRISON

MUNTINLUPA RDC PRISON (Where inmates go to prepare for integration with general population)

INMATES INSIDE JAIL

MYSELF WITH THE JAIL WARDEN OF SN. FERNANDO JAIL
(I really must get myself another T-shirt!! I promise, I did wash it  in between these photo shots!!!)

Of course the justice system here is so much different to what I was used to in the UK and it took a bit of adjusting.

One time, my mum and my niece found themselves in a police investigation unit office (or should I say, broken down old stationary caravan).  They were shocked to learn that there were no modern investigative tools, not even a telephone, just a few hand drawn sketches on the wall and an antiquated old computer.  My mum asked one of the police officers, “How do you manage to solve any crimes?” and he answered so matter-of-factly “Witnesses mam!!”  And in my twenty eight plus years working here, that is truly it.  Police rely almost entirely on witnesses (which is ok if the witnesses are genuine and honest but very sad for the victims who fall prey to ‘false witnesses’!!).

Of course, we can’t blame the officers when they don’t have the resources to do a thorough investigation.  They have to make the best of a bad situation.

Then there is the court system.  In a similar way, I have to feel sorry for the judges who are working through mountains of cases.

I often find myself in court having been asked to give moral support to inmates and I still find it quite shocking.

Fortunately the courts do give ‘priority’ to criminal cases in consideration that the accused are usually detained in the local jails.  So if your case happens to be a civil case, you will have to sit through the morning’s criminal trials, before yours will be heard.

The trial courts are usually packed to capacity at every hearing and there are usually so many cases to be heard that there are only seats (benches) for the inmates (inmates are easily distinguished as they are handcuffed to each other and wear yellow t-shirts stating they are detainees).  It’s standing room only for complainants, witnesses and relatives.  Being a foreigner and being a familiar face to many of the police officers, I'm usually privileged to get a seat.

Sometimes there are as many as thirty criminal cases to be heard in one morning.  It doesn’t take a rocket scientist, or even an attorney, to figure that not much is going to be achieved in any one of those trials.  In each case too, they have to take time to state the obvious such as name, address, and a lot of what seems to me to be irrelevant trivia, and by the time all that has been stated and confirmed, it’s almost time to move on to the next case. 

What’s even worse (especially if you are an inmate), is that cases often postponed. If the inmate’s attorney, witnesses or complainants fail to show or if the fiscal (prosecutor) is out of town, or in a meeting, or if the judge is sick or attending a seminar, the trial is automatically postponed.  One time we all sat down and it all seemed hopeful.  The attorneys were present, the fiscal and judge were there too, but then there was a power cut.  The judge waited less than five minutes and then announced that the hearings were all postponed.  Before we left the court the power was back, but proceedings were already postponed!! There is just a total sense of despair when their cases are postponed and many of the female inmates they just can’t hold back their tears.

EX-PRISONERS VISIT THEIR FORMER HOME

So inmates pile into the courtroom hoping that the hearing will go ahead to so often have their hopes dashed.  And as the judge has so many cases to handle, when a case is postponed, sometimes inmates have to wait as long as six months for a resetting.

In general if a case goes to trial, the accused can expect at least three years in jail no matter what the case.

One time there was a group of young people arrested in the town for illegal gambling.  In fairness to the police, the group had been warned several times but undeterred they continued to play cards in a public place.  Police seized a pack of cards and P36 (approx 50p or just less than $1) of gambling money and the group where hauled off to the station.  There they were told that they could pay a P 1,000 fine each (approx £15) or their case would go to trial.  Two opted to pay the fine but because the other three didn’t have the money, the case went to trial.  The two got out immediately on bail.  After two years a kind visitor of mine kindly paid the bail for another, but the two are still in jail and that was over 4 years ago!!!

I also have two friends whose cases are fraud and their cases are still under trial after 16 years.  If there are many complainants, each complainant represents one count (or one case) and then there is little hope of a speedy trial.

I have another friend who was found guilty of 10 counts of murder and was released after 15 years.  The fraud and illegal recruitment (finding people jobs abroad illegally) cases are still under trial after 16 years.

So, if you are planning to come to the Philippines, take my advice and be sure you don’t have a brush with the law!!