Tiffany Geluz

Many wanted personalities are under investigation for heavy cases such as Alice Guo for allegedly having connections to Chinese criminal syndicates and money laundering; Apollo Quiboloy for charges of sexual abuse and human trafficking.


With the poor situation of detention facilities in the Philippines such as overcrowding and lack of space, many may wonder if they are currently being treated the same way as any typical criminal arrested in the country would be. As per the 2023 data of the United Nations Office on Drugs and Crime, the Philippines ranked third in the world for jail and prison overcrowding and the 11th highest prison population in the world. 

In comparison with the standard detention centers described by the country’s Supreme Court Justices to be inhumane with the Philippines ranking alongside the Democratic Republic of the Congo, Haiti, and Uganda in terms of prison congestion with detainees living in chronically overcrowded and cramped facilities as mentioned by the United Nations.

The differences between the treatment of accused low-profile citizens compared to influential politicians and religious leaders with high-profile cases become distinct in terms of facilities as low-profile criminals are placed in congested and uncomfortable detention centers while influential criminals are put in individual, safe, and comfortable facilities that are often equipped with air conditioning. 

Guo’s attempt to flee amid her hearings from the country started in July, while Quiboloy started hiding in April this year. Guo was arrested by Indonesian authorities in a hotel in Tangerang City, Jakarta Indonesia on September 3, while Quiboloy was found inside the ACQ building, also known as the Bible School Building, inside the KoJC compound in Buhangin, Davao City, and was arrested on September 8.

Looking at the gravity of cases filed against them and ongoing investigations to reveal other possible violations of the law, they are under detention the same way any other alleged criminal is to refrain from the consequences of their allegedly illegal actions. 

Despite the charges filed against them and rulings on whether they are guilty or not, their failure to comply with their subpoena resulted in them being in contempt citation and arrest. Nevertheless, both of them are currently detained until further notice while investigations against them proceed. 

Adjusting vs cozy confinement 

As of September 9, Guo is under the custody of the Philippine National Police (PNP) while Senator Risa Hontiveros revealed the Office of the Senate Sergeant-at-Arms (OSSA) will coordinate with the PNP for Guo's possible turnover to the Senate " if she posts bail, or once there is a final determination on the issue of jurisdiction on the court which issued the judicial warrant."

The OSSA revealed Guo’s detention room which used to be a Senate daycare center before it was converted into a detention facility. They described the room to be comfortable for Guo and her companions, as it included an air conditioner, three single double-decker beds with individual pillows, a water dispenser with fresh water refill, a private bathroom, and a sink.

Photo Courtesy of Philippine STAR.

On the other hand, Quiboloy currently remains at Camp Crame despite a court order for his transfer to the New Quezon City Jail. 

Unlike Guo, Quiboloy did not receive special treatment and only had an electric fan for ventilation. However, a petition to put Quiboloy under the custody of the Armed Forces of the Philippines was made as shared by his lawyer Israelito Torreon. 

“We will file the motion for the transfer of his custody to the AFP citing among other grounds security reasons and we are hoping that the court would grant the same, at the very least house arrest knowing that he is already 74 years old, he has health condition,” Torreon explained.

In a press briefing, PNP spokesperson Police Colonel Jean Fajardo said Quiboloy's camp made a motion before the Pasig City Regional Trial Court (RTC) Branch 159 for the hospital arrest of Quiboloy and his close associate Ingrid Canada.

"Nag-motion din po ang mga abogado po nina Quiboloy na malipat po itong si Quiboloy at Ingrid Canada doon po sa [Veterans Memorial Medical Center] po sa Davao because, accordingly, mayroon po silang mga existing medical condition at nahihirapan po sila sa custodial facility,” Fajardo said.

“We are hoping that the court would grant the same, or at the very least, a house arrest, knowing that he is already 74 years old; he has [a] health condition,” he added.

While the court decided that the preacher's four co-accused be transferred to the Pasig City Jail, it ordered that Quiboloy must stay in the PNP detention facility pending the resolution for his medical checkup.

"Si Pastor Quibuloy po, pending resolution sa kanilang motion to be checked by the medical doctors na ipo-provide ng government, maiiwan muna siya pansamantala sa custodial center," Fajardo said.

Article 88 of the Revised Penal Code permits penalties to be served at home of the defendant with surveillance of an office or the law when the court provides in its decision. Health and other reasons may serve as the basis of such a decision.

On the possible transfer of Quiboloy to the Quezon City Jail, Bustinera inspected the facility on orders of the Bureau of Jail Management and Penology (BJMP) Chief Director Ruel Rivera to ensure that there is enough space for the arrival of new PDLs.

Bustinera also stated that the modern Quezon City Jail in Payatas has "zero congestion" and can accommodate additional persons deprived of liberty (PDLs), including Quiboloy, in case the court issues the commitment order for the church leader’s detention in the said facility.

He revealed that the new Quezon City Jail has enough space to welcome new prisoners with only 4,000 PDLs currently detained in the facility which can hold a capacity of 4,200 inmates, with its operation starting "only in April this year."

With a standard area of 40 square meters, Bustinera explained that the BJMP policy states that each cell can accommodate 10 PDLs and, in the case of Quiboloy and his co-accused, eight other inmates.

Both Guo and Quiboloy were brought to Camp Crame as this venue is the official detainment facility for high-profile suspects which usually consists of government officials. 

Inside Camp Crame 

In 2014, detainees in Camp Crame were provided with a respectable 3x3 meter space without air conditioning. They will receive a water faucet, a double-decker bed with mattresses, a pail and dipper, and a “basic toilet.”

During the detention of senators Ramon Revilla Jr, Juan Ponce Enrile, and Jinggoy Estrada for plundering pork barrel, They were detained in a complex inside the custodial center.Their rooms had single beds, small side tables, private bathrooms, and a sink. Each room also has its own ceiling fan and a window secured by metal grills.

Photo Courtesy of Rappler.

Standards set 

The status quo is far from the set standard minimum rules for the treatment of prisoners which state that “sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by night a cell or room by himself. If for special reasons, such as temporary overcrowding, it becomes necessary for the central prison administration to make an exception to this rule, it is not desirable to have two prisoners in a cell or room.” 

Requirements of health such as due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation are also expected as basic standards to be provided to inmates. 

Medical services are also expected to be provided with at least one qualified medical officer with knowledge of psychiatry, while food provision that reaches nutritional value for health and strength is expected to be served. 

Sanitary needs must also be provided to allow them to comply with needs of nature and maintain hygiene through bathing and showers. 

High profile, high treatment 
 
Instances of special treatment of high-profile inmates are permission to undergo medical treatment at private hospitals.

For instance, the case of convicted drug lord Ricardo Camata in 2014 was taken at the Metropolitan Hospital, while Herbert Colangco, leader of bank robbery gang responsible for heists, was brought to Asian Hospital and Medical Center. Amin Boratong, operator of a shabu tiangge, was also taken to Medical City.

Per a Senate press release, special treatment is said to create a public perception that discrimination exists in the penal system. Cases may be filed against special and preferential treatments to high-profile inmates as it goes against the principle of equal protection and treatment under the law. 

Special treatment as a result of accepting gifts and promises may be charged with Direct Bribery of Article 210 of the Revised Penal Code Undue injury through bad faith and special treatment due to prejudice to other inmates or the public may be charged with Violation of the Anti-Graft and Corrupt Practices Act (Republic Act 3019). 

A public official may be held accountable for dereliction of duty if he willfully chooses not to pursue legal action against lawbreakers or if he performs improperly in the course of performing his duties to shield a criminal through Dereliction of Duty (Article 208 of the Revised Penal Code)

Standard detentions 

As for standard detainees who are not considered as high-profile, conditions of their confinement are characterized to be “cruel and degrading”  as described by Commission on Human Rights (CHR) spokesperson Jacqueline de Guia. 

“Overcrowded jail cells and detention facilities [are] akin to cruel, degrading, inhuman treatment or punishment,” she said. 

The BJMP oversees 415 prisons across 17 areas, its jailhouses are typically 380 percent overcapacity. The BJMP's 22,318 square meter total cell area, intended to house 4,749 inmates, is presently occupied by 21,868 inmates in Metro Manila alone, representing a 361 percent overcrowding rate. All 26 of the detention cells the CHR visited in various parts of Metro Manila were found to be overcrowded, with some having more people inside than was planned. These circumstances encourage illness and hostility among the prisoners.

Photo Courtesy of The New York Times.

Due to space constraints, detainees are frequently compelled to sleep while sitting or even standing; some even switch up their sleeping positions. Because the bedding is so inadequate, many prisoners sleep on cardboard boxes that have been left unused or hang makeshift hammocks from the ceilings. Furthermore, these cells are often poorly maintained, with minimal natural light and ventilation; at least two of the Manila.

The Manila City Jail accommodates people in pre-trial detention with a capacity of only 1,200 accommodates 3,200 men as mentioned by Supreme Court’s Associate Justice Maria Filomena Singh. Heat in the place is said to reach 40 centigrade and does not fit the Rules requirements of “due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.”

Just Detention International identified in 2009 the following conditions in prisons: lack of implementation of basic legal safeguards for detainees; torture and ill-treatment by police and military officials during investigative detention; severe overcrowding; failure to separate female inmates and juveniles from adult male inmates.

The CHR emphasized that the poor situation of Philippine jails falls “short of meeting the United Nations Standard Minimum Rules for the Treatment of Prisoners as well as the [Bureau of Jail and Management Penology's Manual on Habitat, Water, Sanitation and Kitchen in Jails." 

Despite prohibition of torture and other forms of ill-treatment through the Anti-Torture Law, the CHR mentiones that “reports of torture and abuse of detainees and persons accused still persist.” 

From 2015 to 2021, the persons deprived of liberty in correction systems rose to almost 75%, from 94,691 to 165,528 with facilities for women are more overcrowded than facilities for men due to shortage of female-exclusive facilities. This makes women more vulnerable to sexual and physical abuse. 

In one of the few official studies on prisoner rape in the Philippines, 552 female convicts were questioned, and 4% of them indicated to the DILG that they had experienced sexual abuse while behind bars. Seven of them had experienced sexual assault, while the remaining ones had been subjected to physical or verbal abuse, including groping, kissing, or having their genitalia exposed by prison guards. 

About 10% of the female detainees surveyed in a more recent study acknowledged sleeping with jail officials prior to being transferred to the Correctional Institution for Women (CIW), highlighting the widespread abuse of female inmates by the criminal justice system.

Sexual abuse situations that occur in detention facilities typically derive from a systemic inability to ensure the safety of the inmates. In addition to being left battered and wounded, victims of prisoner rape also suffer grave psychological damage and become infected with HIV and other STDs.