POSITION PAPER in

PRACTICE COURT I

WILLIAM GEOFFREY N. PAVIA

JD IV

CRIMINAL JUSTICE REFORMS: ALTERNATIVE TO INCARCERATION

The global prison population has been steadily increasing, with close to 11 million people
behind bars in either pre-trial detention or imprisonment around the world. Prison overcrowding
has long been a persistent challenge for many Member States, affecting a solid majority of
countries worldwide.

As of June 2022, there were 477 jails in the Philippines. Across the different regions,
CALABARZON accounted for the highest number of jails at 65. During this same period, the
prison population in the country amounted to over 131 thousand, which includes both the number
of detainees and sentenced individuals.

As of May 2023, the New Bilibid Prison was the most congested prison facility in the
Philippines. The prison facility had a 373 percent congestion rate as of this period. It also had the
highest occupancy rate among other prison cells in the Philippines. And as of today, the congestion
rate of Philippine jails stands at 383%.

In 2015, each prisoner was only given a daily food allowance of P50: P10 for breakfast,
P20 for lunch, and P20 for dinner. Later, the food allowance increased to P60 individual allowance,
and then to P70 by 2022.

With this numbers, it is high time for the law makers to look for an alternative system in
aid for our long-time conundrum in our jail and detention facility management. It is indeed a must
that we prioritize this kind of burden as it carries the taxes of the people but not prejudicing the
rights of our Persons Deprived of Liberty (PDLs).

An “alternative to incarceration” is any kind of punishment other than time in prison or jail
that can be given to a person who commits a crime. These alternatives can reduce prison and jail
costs and prevent additional crimes in the future. Before we can maximize the benefits of
alternatives to incarceration, however, we must repeal mandatory minimums and give courts the
power to use cost-effective recidivism-reducing sentencing options instead.

The Philippines has offered many alternatives to incarceration of its criminal offenders and
these alternatives can generally be grouped as interventions in the pre-sentencing or post-
sentencing stage of the criminal justice process. In practice however, it is the probation and parole
system that is widely used and can be considered as the best alternative for a community-based
rehabilitation program.
 POSITION PAPER in
PRACTICE COURT I

WILLIAM GEOFFREY N. PAVIA

JD IV

But aside from these alternatives, practiced in the country, there are still several modes that
may be considered. First, Community Service. This program refers to the services in the
community rendered by clients for the benefit of society. It includes tree planting, beautification
drives, cleaning and greening of surroundings, maintenance of public parks and places, garbage
collection, blood donation and similar socio-civic activities. The effectiveness of community
service is often underestimated or underappreciated and usually imposed only as an add-on
requirement in probation and parole supervision.

Second, is through a Fine. In lieu of imprisonment the court may impose upon the offender
the payment of a fine commensurate to the offence he or she committed. Imposition of fines or
finical punishment is traditionally used in conjunction with other penalties or for minor offenses.

Lastly, the Release on Recognizance. Recognizance is an obligation of record, entered into

before some court duly authorized to take it, with condition to do some particular act or acts, the
usual condition being the appearance of the accused for trial. The application for release on
recognizance may be filed at any time before conviction in the court where the case is pending.

These alternatives still need to be studied and deliberated before it be enforced in the
country. And as the number of PDL grows, the more these should be prioritized as it will bring
more challenge once this conundrum becomes uncontrollable. It will affect not just our courts, our
detention facilities, but also the public safety per se.