In jail, some are much more equal than others

MANILA: Everybody is supposed to be equal before the law, but it appears that even in the matter of jail accommodation, former government officials and other VIPs are more equal than the others. For instance, the equivalent of a four- or five-star hotel accommodation would be given to a deposed president; three- or four-star lodgings to a senator (should one be jailed in the future) or congressman; two-star to governors, mayors and assorted VIPs; and one-star to children and other relatives of officials.

Article III, Section 1 of the Constitution has an equal protection clause. This simply means that whatever privileges are given to one person should be given to all other persons in the same category. This means that a former president, former congressman or former mayor should not enjoy special privileges while in jail.

If plans are carried out, deposed President Joseph Estrada will get special privileges once he is detained while facing trial for plunder. Three alternative prison facilities are being prepared for him. These are a cell at the PNP's Special Action Forces Training and Seminar Center in Silang, Cavite; the Camp Crame detention area; and the Camp Bagong Diwa prison facilities in Bicutan.

According to reports, the amenities of the jail are similar to those of a four- or five-star hotel. It would have an air- conditioned room, a private toilet, a receiving area and a private exercise yard. While they are at it, why not throw in a jacuzzi, a swimming pool with Boracay white sand around it, a barbershop, a massage room and a music room?

The amenities should befit a former president, Interior Secretary Jose Lina said. If that is so, then let's not scrimp on the amenities for a former president -- let us go the whole hog. After all, it is only the people, whose money he is accused of stealing, who will spend for all these comforts.

There are precedents for the special treatment that would be given to ousted President Estrada. Rep. Romeo Jalosjos, who is serving two life terms for statutory rape, stayed in an air- conditioned room and slept on a soft double bed until these four- star amenities were discovered by justice officials. He had to move to a smaller cell with just an electric fan, but he had it repainted and tiled to his taste.

In February 1999 the Department of Justice also discovered that Jalosjos was slowly turning the prison grounds into a "country club" complete with a tennis court, a hamburger stand, a "condominium unit" and a special bathroom with a shower and heater. We wonder if the congressman is still enjoying these amenities today.

The receiving room being prepared for deposed President Estrada has its precedent in Jalosjos' receiving room. While serving his sentence in prison, Jalosjos was elected to another term in the House of Representatives and he is allowed to receive visitors and transact government business. But the case of Estrada may be different since the Supreme Court has ruled that he is no longer the sitting president.

Other prison VIPs like former Mayor Antonio Sanchez, a murder and rape convict; and Rolito Go and Claudio Teehankee Jr., murder convicts, have made their cells more comfortable by furnishing them with electric appliances, cushioned beds, good lighting and other luxurious amenities.

We do not know if justice and prison officials have drawn up policies or rules governing VIP prisoners like Jalosjos, Sanchez, Go, Teehankee and others. Prison Superintendent Gregorio Agalo-os said in 1999: "We don't know whether to treat Jalosjos as an elected congressman or a prisoner. We're asking the justice department for a policy." If a policy has not been laid down, then it's high time such a policy was adopted and announced.

Why is special treatment being proposed for the ousted president? Lina said that Estrada might be harmed in a congested prison like the Quezon City jail. A detainee who wants to achieve notoriety and make history might make an attempt on Estrada's life. This could plunge the nation again into a period of insecurity and instability.

We endorse the plan to keep the disgraced leader in a separate detention cell, if only to preserve the security and stability of the nation. The cell should preferably be in a remote place, inaccessible to for-hire demonstrators who could create a lot of problems for the police.

But the cell should approximate, as much as possible, the conditions in a regular detention cell. For instance, no air- conditioning and no bath with hot and cold water. Let him experience some of the discomforts and deprivations that an ordinary detainee suffers.

The experience might be good for his soul.

-- Philippine Daily Inquirer/Asia News Network