Giving ‘more in law’ to those who have ‘less in life’


E CARTOON MAY 21, 2024.jpg

“Those who have less in life should have more in law” was the credo that serves as the enduring legacy of the late former President Ramon Magsaysay.

According to the Social Weather Stations’ March 2024 survey on self-rated poverty, there is an estimated 12.9 million poor families in the country, slightly down from 13 million in December 2023. They are covered by the “less in life” segment of the Magsaysay doctrine.

What is actually meant by “more in law’ could be subject to many interpretations. Seeking justice involves expenses that not everyone — especially the poor — could readily afford. There are real barriers faced by the needy and destitute, starting from seeking assistance from a lawyer, navigating the legal process, and eventually securing judgment or relief.

Last February 2023, the Department of Justice amended the requirements for indigent persons accused in bailable criminal cases filed in courts to ease congestion in prison facilities nationwide. Only ₱10,000 or 50 percent of the recommended bail under the DOJ’s 2018 Bail Bond Guide, whichever is lower, will be recommended by government prosecutors. Justice Secretary Jesus Crispin C. Remulla said that with the reduced bail, many detained individuals — particularly indigent persons – would be released on bail. He pointed out that many criminal cases filed in courts against indigent persons are bailable but they “are unable to afford the amount set by the courts upon the recommendation of the prosecutors.”

For its part, the Supreme Court is drafting new rules for the conditional release of Persons Deprived of Liberty (PDLs) who are still unable to pay the already reduced bail requirement of ₱10,000. Speaking to PDLs at the Cebu City Female Dormitory last week, Associate Justice Maria Filomena D. Singh said that the Supreme Court will require judges to consider factors such as lack of resources, first-time offense, age, and pregnancy, among others, of PDLs who cannot afford bail. "These factors will be looked into by our judges, and if such factors are present, instead of confining you while your case is being tried, you can be set free under other safeguards," Justice Singh said.

She also said that in light of a recent court decision, persons convicted of heinous crimes can avail themselves of Good Conduct Time Allowance in serving their sentences, highlighting the need to give them an opportunity to complete their jail terms earlier and resume their lives outside prison walls. 

Indeed, the Supreme Court is demonstrating its commitment to the promotion of equal and inclusive justice as part of the Strategic Plan for Judicial Innovations (SPJI) 2022-2027. Under the leadership of Chief Justice Alexander Gesmundo, the plan “is the product of the collective efforts of all the 15 Supreme Court Justices, who are all equally invested in the SPJI, guaranteeing the SPJI’s continuity.”

Equity and inclusion is one of the plan’s four guiding principles, aside from timeliness and fairness, transparency and accountability, and technology adaptation. These principles, in turn, pave the pathways toward achieving the Court’s three major target outcomes: Efficiency, Innovation, and Access.