We all need Christmas miracles

The Honorable Judge Jocelyn Solis-Reyes deserves commendation for her courage and resolve to complete the trial of the most despicable crime of the century. I have heard stories of magistrates inhibiting from less controversial cases for various reasons, personal or otherwise. I could imagine the stress and pressure the lady Judge had to go through since the first day of the 10-year proceedings up to the time she signed and promulgated her 761-page Decision, which, as reported, convicted of 57 counts of murder 28 accused and acquitted 55 others. I just hope the Supreme Court would not take another ten years to decide the automatic appeal.

After reading some published comments from members of the victims’ families, I also wonder why most of the accused were acquitted considering that the charges were based on conspiracy. But we have to respect the judgment of the one who had the unenviable task of meticulously evaluating the pieces of evidence and listening to the testimonies of more than 300 witnesses presented by the prosecution and defense.

Regardless of public clamor for the condemnation of perceived misfits of society, our criminal justice system works on the maxim “Better to free a guilty man than to punish the innocent.” In one decision, the Supreme Court echoed this by stating: “It is better to liberate a guilty man than to unjustly keep in prison one whose guilt has not been proved by the required quantum of evidence. Hence, despite the Court’s support to ardent crusaders waging all out war against felons on the loose, when the People’s evidence fails to indubitably prove the accused’s authorship of the crime of which he stands accused, then it is the Court’s duty to proclaim his innocence.”

This frame of mind brings to the fore “Miracle in Cell Number 7” which I had the chance to watch ahead of its release date. While the movie is not a depiction of true events as it was in fact a remake of a top-grossing Korean film of the same title, I now have a better appreciation of the rule that a criminal conviction must be supported by no less than proof of guilt beyond reasonable doubt.  

During this Christmas season, it is terribly sad to miss someone who is braving loneliness while working abroad to provide the best noche buena meal for a family left behind, or a loved one who was already summoned by the creator, or a family member in prison for his debt to society. The pain would be worse if that person languishing in jail is a victim of a false accusation or one who should have been freed already if not for the simple lack of legal representation. The last time I checked, there are hundreds of inmates, who, pending trial or appeal, have already stayed in jail for a period longer than the maximum sentence that may be imposed upon final conviction.

The Revised Penal Code stipulates that – “Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment for the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review.”

Apparently, the problem is the lack of proper monitoring of the status of these seemingly forgotten people and the inadequacy of legal assistance for the preparation and filing of the required motion praying for immediate release on this ground. And there are also those who have already completed the service of their sentence but would rather linger in jail because of the uncertainties of the world outside.  

Every person deprived of liberty has a story to tell, but let me just state my Christmas miracle wish for them. If someone is in jail because of tramped-up charges filed maybe to meet a quota imposed by superiors in the law enforcement department, may the spirit of Christmas prevail upon the arresting officers to rectify such a grave injustice. For those under preventive imprisonment for so long a time because of the slow-moving wheels of justice, may the spirit of the season touch our lawyers and judges to guarantee to every accused the benefits of the Speedy Trial Act and other applicable laws. For those who, pending trial or appeal, have already stayed in prison for more than the maximum imposable penalty, may the legal aid clinics of law schools or the Integrated Bar of the Philippines come to their rescue in drafting and filing the necessary motion for their immediate release. Or perhaps, the Supreme Court could consider the issuance of a circular directing all judges to order such release motu propio, without need of any motion from the accused. And may the Bureau of Corrections be fully computerized so that the monitoring of overstaying inmates would not be done with crude inscriptions on prison walls.

For convicts undergoing reformation after final conviction fairly adjudged, may they find comfort in the love, prayers and visitation of family members to make them feel there is still hope and give them reason to come home. And for convicts who have done their time, may society be fair to them as they embark on a new beginning for eventual productive reintegration. We look at prisoners with mixed emotions, sometimes with disdain and in other times, with compassion. Yet, outside of concrete walls, we are also prisoners of hatred, envy, anger, resentment and the like. Like them, we all need Christmas miracles. To truly feel where I am coming from, please watch Mr. Aga Muhlach’s movie, “Miracle in Cell No. 7” on December 25. Merry Christmas!