The Commission on Human Rights welcomes the release of Gerardo Dela Peña from the New Bilibid Prison on 30 June 2024.

Dela Peña was arrested in 2013 at the age of 74. More than a decade later, he has overserved his sentence, not including the total good conduct time allowance points he accrued. Upon his release at 85 years old, Dela Peña’s health has also declined given his advanced age.

It must be remembered that Dela Peña has long been entitled for release after being qualified for executive clemency, as per Resolution No. OT-08-02-2023 of the Board of Pardons and Parole. The said document grants release for detainees who are at least 70 years old, have served at least 10 years of their sentence, and also considers those with terminal illnesses or severe disabilities.

As Dela Peña is finally free from his orange jail uniform, the Commission positively views this development now that he is able to safely return home to his family and can finally attend to his medical needs.

We take note of the collaborative efforts of the Department of Justice and various human rights groups for working together for the release of Dela Peña. We are in high hopes that this marks a more reinforced undertaking from the Philippine government for the release of other qualified persons deprived of liberty (PDLs). After all, a humane correctional system which encourages the release of PDLs bolsters the realisation of citizens’ fundamental right to liberty and due process.

The CHR also takes this opportunity to urge for the passage of the National Preventive Mechanism (NPM) Bill as part of the country’s full-fledged commitment to the UN Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (UNCAT) and its Optional Protocol (OPCAT). Such will strengthen decongestion efforts and initiatives which improve the conditions of PDLs in the Philippines.

As the country’s independent national human rights institution, we remain firm that no forms of cruel and inhuman treatment shall be committed against PDLs, and that those who have been granted executive clemency should be released immediately. Just as we always stand for the dignity of all, it is about time that we also put the inclusion of the rights of PDLs at the forefront of our conversations in the creation of policies and laws in the country.###