This document discusses the issues around pretrial detention in the Philippines. It notes that the average pretrial detention stay is 529 days, with some individuals detained for up to 15 years. Certain groups, such as the poor, less educated, women, LGBTQI individuals, and religious minorities tend to face longer pretrial detention times. Overcrowding is a major problem, exacerbated by the "drug war" which accounts for 70% of detainees. A community bail bond program is highlighted which aims to reduce overcrowding by identifying low-risk first-time offenders and providing bail assistance and rehabilitation support.

1. Raymund E. Narag, PhD
Associate Professor
School of Justice and Public Safety

2.  Prolonged pretrial detention
▪ Average stay of detainees is 529 days
▪ Twenty percent of PDLs stay in detention for 5 years or
more
▪ Some stay in jail for 15 years or more
 More adverse effect
▪ Poor and less educated stay longer than rich and educated
▪ Women and LGBTQI stay longer than men
▪ Ethno-linguistic minorities stay longer thanTagalogs and
Bisayas
▪ Religious minorities (Muslim) stay longer than Catholics

3.  Indigency and lack of resources
▪ 53 percent of the detainees have “bailable”
offenses but cannot post bail
 Tedious process
▪ There are numerous requirements and documents
in posting bail and release on recognizance
 Cultural dynamics
▪ Case delay as a legal tactic

4.  Jail and prison crowding
▪ The Philippines has the highest jail and prison
congestion congestion rate (350%)
 Made worse by the “drug war”
▪ 70 percent of the detainees are drug related
 Complicated by the Covid19 pandemic
 Emergence of “coping mechanisms” in the
jails and prisons
 Recidivism and public safety

6.  Community Bail Bond program https://www.presocbb.org/
▪ Identifying low risk, first time bail offenders
▪ Establish relationships while in jail
▪ If qualified, post cash bail or Release on Recognizance
(Ranges: Php 2,000 or US$ 40 to PhP100,000 or US$
2,000)
▪ Upon release, supervision and monitoring in the
community
▪ Referral to livelihood, educational and medical
programs (for the participant and their families)
▪ 23 participants released; 40 percent are women; all
poor, indigent and less education

8.  Protecting the citizens from the harsh
application of the law
 Reducing jail overcrowding
 Shielding the detainees from the corrupting
influence of jails and prisons
 Reducing risks of jumping bail
 Improving public safety and lowering
recidivism
 Saving government expenses