Chel Diokno: Justice 'double standard' seen in arrest of 80-year-old over mangoes

MANILA — The arrest of an 80-year-old man for allegedly stealing around several kilos of mangoes displays the justice system's "double standard", rights lawyer Chel Diokno said on Thursday, as he vowed to strengthen a law allowing release on recognizance for the poor if he wins a Senate seat this May.

The octogenarian said he had the mangoes picked in April last year because he planted the tree on a plot of land fenced by his neighbor in Asingan, Pangasinan. He said he later tried but failed to reach an agreement with his neighbor by offering to pay for the mangoes.

A compliant for theft was filed against him in May, and an arrest warrant was issued by a court in December. On Jan. 13, he was apprehended.

• 80 anyos na lolo inaresto sa pagnanakaw umano ng mangga sa Pangasinan

After his arrest was made public this week, helped poured in until he was able to settle Thursday the P6,000-bail set by the court for his temporary release.

"Nakakalungkot ang nangyaring pag-aresto," said Diokno.

"Dito makikita ang double standard na hustisya sa ating bansa. Kapag mahirap, nakukulong. Pero kapag mayaman, nakakalaya," he added.

(The arrest is tragic. This shows the double standard in justice in our country. The poor are jailed, but the rich go free.)

Diokno noted that under the Recognizance Act, the indigent 80-year-old man should not have been required to post bail.

The law grants temporary liberty to a person who cannot post bail by placing them under the custody of a qualified member of the barangay, city or municipality where the accused resides.

However, Diokno said the law had many requirements.

These include a sworn declaration of indigence by the person in custody and a certification from the social welfare and development proving this. The person in custody should also be arraigned and the court where he resides should be notified of his application for release.

“If I win a Senate seat, I plan to amend this law so that people like Lolo [Narding] can avail of recognizance quickly,” said Diokno, referring to the nickname of the arrested octogenarian.

Diokno is also pushing for the passage of a law that will allow the courts to impose alternative penalties for minor offenses, including community service, home detention and electronic monitoring, rehabilitation or treatment orders for drug and alcohol-related cases, fully or partially suspended sentences with conditions attached, and exclusion orders.

WHAT HAPPENED

A police record of the compliant states that more than 100 kilos of mangoes were contested by a neighbor who later demanded P10,000 for the harvest. The accused said he could only pay P600.

This prompted the theft charge in May.

Asingan deputy police chief Lt. Elmer Tangalin said Lolo Narding was not locked up at the custodial jail of the police station in consideration of his age and health, but was detained only in an office room.

"Prinovide namin needs niya. All the time, pinapa-monitor namin ‘yong health condition ni tatay,” said Tangalin.

(We provided his needs. All the time, we had his health condition monitored.)

He returned to his home after being temporarily released from detention shortly before noon of Thursday.

His arraignment and the pre-trial conference for his case were set on Feb. 8.

RELATED VIDEO

Watch more in iWantv or TFC.tv