Saturday, February 4, 2012

Jailed 18 years for vagrancy

EDITORIAL

There is much to be desired of this country’s judicial system. A lot of detainees are still languishing in jail for trumped-up charges among other human rights violations.

The judicial system is tilted in favor of the rich and the powerful if the impeachment proceedings of Chief Justice Corona are any indication.

This, while the poor and despondent involved in alleged or perceived crimes are usually victims of the state’s justice system. Read this story and bleed:

Susan Zulueta never thought that being charged for a minor violation of City Ordinance 1638 known as vagrancy would make her miss 18 Christmas celebrations in her lifetime.

Who would have thought that a simple case of vagrancy, which only entails a maximum penalty of 30 days imprisonment, would make one suffer almost a lifetime in jail? Not even Zulueta, who was jailed on Jan.12,1993, had the slightest clue that she would suffer a fate like that.

To make matters worse, the trial of Zulueta’s case had not yet started since she had never been arraigned for the supposed violation she was accused of.

It’s painful of course. I did not do what they accused me of and yet I’ve been jailed for a long time,” she said.

Zulueta was one of the many prisoners who were found to be overstaying inside the Manila City Jail and Manila Youth Reception Center during an inspection made by the Manila Regional Trial Court led by Executive Judge Marino De la Cruz.

In a report he submitted to the Office of the Court Administrator and the Office of Manila Mayor, Judge De la Cruz said there are several prisoners like Zulueta who have been detained longer than 10 years despite the non-termination of their respective cases.

Acting on his this report, Manila Mayor Alfredo Lim ordered the City Legal officers to take legal action and render assistance to prisoners. The officers in turn conducted interviews and identified those prisoners who are at least 70 years old and those who have been detained for more than 12 years.

City Legal Lawyer Renato de la Cruz noted that the old male prisoners were detained for murder, rape or drug related cases while the old female prisoners, on the other hand, were incarcerated for drug-related offenses and for Estafa.

Of particular interest was the case of Zulueta who had been in prison for over 15 years. According to De la Cruz, their office had filed the necessary motion in court and sought Zulueta’s release from prison.

As a result of their efforts, De la Cruz said they were able to let Zulueta released from jail after languishing in the MCJ for 18 years. The City Legal official showed a copy of an order of Manila RTC Branch 12 Acting Presiding Judge AmaliaGumapos-Ricablanca as proof of Zulueta’s release.

“Considering that the offense committed is for violation of Ordinance 4636 and the maximum penalty is only 30 days’ imprisonment and considering also that the accused had already served the maximum penalty imposed in the said crime, her immediate release is hereby ordered unless further detained for any other lawful cause to the effect that she should remain under your custody,” said Judge Gumapos-Ricablanca’s order.

Now, would that have happened to a rich man?

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