BJMP asked to defer abolition of Kalunasan facility deal

CEBU, Philippines - The Cebu City Coordinating and Advisory Council has appealed to the Bureau of Jail Management and Penology national headquarters to hold in abeyance the termination of its agreement with the city’s Operation Second Chance center in Barangay Kalunasan.

On top of this, the council also asked BJMP Chief Superintendent Diony Mamaril, through Jail Chief Superintendent Deogracias Tapayan, to reconsider his decision in recalling jail personnel detailed at OSC, a correctional facility for juvenile delinquents.

The move came after BJMP’s memoranda dated June 6 and August 11 penned by Mamaril, which seeks to withdraw their partnership with the city in managing the OSC and the termination of its workforce.

Also, this was pursuant to the request of OSC board through Dr. Ester Concha of the Department of Social Welfare and Services and Judge Ester Veloso.

Once BJMP will not reconsider the pleas of PCAC, the subsistence allowance to CICL and other resources will be stopped, including the deployment of jail personnel.

The facility reportedly houses at least 200 minor offenders. BJMP allocates P50 per meal for every juvenile, which means it spends about P11 million per annum.

The city government allocates P7 million annually for OSC’s maintenance and operations. An amount of P4,000 in financial aid is also given to jail personnel assigned at the said correctional facility.

The order of BJMP will take effect Friday next week.

The city was given 60 days transition period for the incoming management to prepare for the turnover of the CICL.

PCAC asserted that BJMP’s move has no ground and legal basis, contrary to Mamaril’s statement that it violates Republic Act No. 9344 or the Juvenile Justice Act of 2006 (an act establishing a comprehensive juvenile justice and welfare system, creating the juvenile justice and welfare council under the Department of Justice…).

“However, despite the good intention of the partnership, the Jail Bureau cannot deny the fact that the undertaking violates pertinent provisions of RA No. 9344. The law does not allow the BJMP to provide subsistence allowance to CICL and other resources specifically the operational and administrative support such as custody, security, emergency plans, movement and transfer of CICL…,” BJMP statement read.

“Thus, the continuing participation of the BJMP in the administration and operation of OSC will place the Jail Bureau in perilous situation being divergent from the clear mandate of the law,” it added.

Vice Mayor Edgardo Labella, who chairs PCAC, stressed that there is no provision under RA 9344 that “prohibits the BJMP personnel from assisting the management and administration of correctional facilities created for children in conflict with the law.”

Labella is a lawyer by profession and a former Ombudsman director for the Visayas.

He said PCAC finds the necessity to retain the jail personnel with their “special training” in taking custody of those children in conflict with the law, as well as protecting and managing their behavioral needs, among others.

“…The PCAC supports, and finds the need for the retention of these BJMP personnel to assist the said board in their continued efforts to protect the best interests of the children in conflict with the law  and to promote their physical, emotional, intellectual and social well-being, including proper care, nutrition and special protection,” read PCAC resolution dated October 12.

The memorandum of agreement was signed between the BJMP and the city government on July 31, 2002 on the administration and regulation of the facility.

OSC started its construction in 1998 and was fully operational in 2002. — Kristine B. Quintas/JMD (FREEMAN)