Elitist corruption in our penology system

KIBITZER
Rod Kapunan
6/13-19/2011



Life in the new Bilibid Prison is a microcosm of the kind of society we have. It is a mirror in fact of who we are.

Focusing alone on the issue of corruption one could see for himself the harsh matrix of Philippine society.

Elitism, religion and corruption blends well that one could think of Philippine society compressed into one tiny territory where the corrupt, the rapists, the swindlers, the murderers, the psychotic maniacs, and the scum coagulate as one.

Not a Deterrent
The scandal that rocked the Bureau of Prisons where convicted prisoner Antonio Leviste was arrested by the elements of the NBI lounging at his luxurious condominium in Makati only serve to highlight the corrupt practice that have long been taking place inside the country’s premier penitentiary.

Leviste has proven it again that incarceration is no deterrent for the elite and the wealthy to enjoy good life.

Maybe corruption varies. But inside the prison walls corruption is merely suited to the new environment; that class distinction is by no means erased by one’s incarceration.

On the contrary, the wealthier they are, the more they are treated like kings with the lowly prison guards even bowing their heads to them.

Maybe Leviste was bold enough to exploit the unwritten privilege by maximizing that to one of a living-out prisoner to make an effrontery to our justice system.

A Fellow Batangueňo
Maybe it was also coincidence the Prisons Director was a fellow Batangueňo, but certainly Ernesto “Totoy” Diokno cannot claim he did not know of what was going inside his domain.

If such is his claim Diokno no business accepting a delicate job of making sure not one of those dregs are allowed to mingle with the law abiding citizens.

More than that, it was highly ludicrous for Diokno and all his predecessors to have no knowledge that luxurious cottages have sprouted right inside the compound.

Known a “kubol,” those cottages have all the amenities of a small condominium complete with electric fan, air conditioner, television set, stereo components, kitchen and a bathroom, something many of our people living outside of the prison wall do not enjoy.

They have their own privacy, are allowed a conjugal visit, including visit by their mistresses.

As the saying goes there is always a special place for those who could afford.

Why P-Noy Waited
Indeed, many wonder what due process President Aquino was talking about when he waited for Diokno to tender his voluntary resignation.

Aquino failed to realize that the resignation was only meant to prevent further embarrassment to his government, but did not absolve Diokno the liability for letting out Leviste from his prison cell, with or without his knowledge, while he sits there as director.

The trouble with P-Noy is he wanted to simplify things thinking that people are so stupid to believe they have been vindicated by the resignation tendered by a scalawag official.

At this point, this column would like to raise why convicts who have yet to complete the full term of their sentence, and are granted pardon by the President are automatically restored of their civil and political rights?

This is asked for often influential and wealthy convicts are able to manipulate their sentence by befriending and even bribing prison officials who expectedly would recommend to the Prisons Director the commutation of their sentence.

After that has been granted they would then work for the submission of their names of prisoners to be pardoned by the President allegedly for good behavior.

Discriminatory and Unjust
So, if the convict is to serve for life, after serving three to five years can have his sentence commuted from 8 to 12 years, and two or three years more another commutation say spending 7 to 8 years in jail, they will now be eligible for pardon, thus serving only from 8 to 12 years at most.

They are able to easily work this out, except when the person they killed is a national of a country that looks at the Philippines as its downtrodden colony.

In other words, our penal system, particularly in the commutation of sentence and in the granting of pardon, has become discriminatory and unjust.

It is not so much that they are able to easily get out of jail, but of the fact that right after being pardoned by the President, their civil and political rights are automatically restored that they could immediately vote and shamelessly run for public office.

Worse, these convicts now capitalize on their new and misplaced fame to dupe the voters they are highly qualified to run.

What is repulsive is many of those poor convicts who completed their sentence, say 8, 12, 17, or even 24 years, as those convicted for the Aquino-Galman murder, continue to suffer as they are prohibited from exercising their civil and political rights, like their right to vote and run for public office.

Rather, it should be the other way around; that even if they have been pardoned, their release from jail should not automatically restore to them their right to vote, to run or to be appointed to public office.

The Butt of a Joke
Even those who have been given their commutation of sentence and released without the benefit of a pardon should not be entitled to the full restoration of their civil and political rights until after they have completed the number of years for which their were originally sentenced by the court.

There is nothing wrong with pardoned convicts running public office, but why discriminate those who suffered most, that after completing their sentence they remained treated as outcast?

We have become the butt of a joke for we are the only country that routinely elects convicts.

But as one would quip, why vote for a repentant when there are many who have not done anything to transgress the law and are better qualified for the position?

• rodkap@yahoo.com.ph