New Bill Proposes Expanded Release Grounds for Persons Deprived
A fresh bill in Congress aims to broaden the grounds for releasing persons deprived of liberty (PDLs) who cannot post bail due to poverty. The proposed law includes “fragile health, pregnancy, nursing, and old age” as valid reasons for release.
Filed by Kabataan party-list Rep. Raoul Danniel Manuel, House Bill No. 2066, known as the “Antonio Molina Act,” seeks to amend the Recognizance Act of 2012 (Republic Act 10389). Recognizance is the legal process that allows PDLs without the means to pay bail to secure their release.
Expanding Recognizance Coverage on Humanitarian Grounds
The bill proposes to extend recognizance to PDLs who are seriously ill, elderly, pregnant, or nursing. This applies even if they face non-bailable charges or multiple pending cases. The keyphrase “persons deprived of liberty” appears early in the discussion to highlight the bill’s focus.
In the explanatory note, the bill clarifies that although “advanced age” lacks a legal definition, it generally refers to individuals aged 65 and above who often require specialized medical care. This addition addresses the needs of vulnerable detainees who currently face harsh prison conditions.
Allowing Release After Conviction and Relaxed Custodianship Rules
Unlike the current Recognizance Act, HB No. 2066 allows release of PDLs even after conviction if humanitarian criteria are met. Presently, only the Probation Law of 1976 permits the release of convicted persons under certain conditions.
The bill also seeks to ease custodianship restrictions. While the existing law bars relatives up to the fourth degree of consanguinity from being custodians, the proposed amendment would allow their involvement for elderly, ill, pregnant, or nursing applicants.
The Story Behind the Bill
The bill honors Antonio Molina, a late political prisoner and farmer. He was denied release on recognizance by a Palawan court despite his critical illness in 2021. Although his release was granted a month later, it came just three days before he died in jail from stomach cancer.
Supporters believe that if passed, this bill will reduce overcrowding in detention centers. They underline that the current penal system lacks adequate facilities and resources to care for sickly and elderly detainees who deserve dignity and humane treatment.
Human Rights Groups Applaud the Proposal
Human rights organizations welcomed the filing of the bill. They expressed hope it will expedite the release of poor prisoners on humanitarian grounds, especially ailing and elderly political detainees who should no longer be behind bars.
One leader pointed out the glaring inequalities in the justice system, noting that wealthy and powerful figures often secure legal remedies for release swiftly, while poor and wrongfully accused individuals remain imprisoned. Examples cited include the release on bail of high-profile figures due to age and health reasons.
Addressing Legal Double Standards
Concerns about double standards surfaced, with remarks highlighting how convicted individuals of significant crimes remain free because of their status and health, while similarly situated poor detainees face harsher conditions. “Nakakabagabag isipin na ang mga tulad ni Imelda Marcos, na napatunayang guilty sa paglustay ng pondo ng bayan, ay malaya dahil sa kanilang edad at kalusugan. Samantala, ang mga nakakulong na matanda o may sakit ay kailangang dumaan pa rin sa napakahirap na proseso,” a local leader said.
With this bill, advocates hope to create a more compassionate and equitable justice system for all PDLs.
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