A number of Persons Deprived of Liberty (PDLs) fall prey to the pyansador/pyansadora. Recently, five of our applicants to the Community Bail Bond had reported giving money to pyansadors, with one paying as much as PhP 15,000.00, who promised to bail them out. After getting the money, the pyansadors run---never to be contacted and seen again.
Pyansadors play a key role in the informal Philippine Criminal Justice System. They are “fixers” who hang out in the premises of police detention centers, city jails, and halls of justice, presenting themselves as “helpers” or “coaches” to family members who want their kins to be released on bail. They promise the family members, mostly poor and less educated, assistance in navigating through the different steps in posting bail. They direct them to the “correct offices”, they orient them on the “different requirements”, and provide “tips” on how to “grease” the slow process. In some cases, the Pyansadors are legitimate, they work under the auspices of commercial bonding companies, where they earn a “cut” for every successful “referral”. In most cases, they are individual “fixers” who maximize their connections within the offices. They have individual contacts among police officers, jail guards, court staff, barangay officials and other “essential actors” in the bail system. These “contacts” refer “cases” which they can jointly facilitate the release in a more timely manner, or so-called “express lanes”, which is, of course, done at the expense of those who bailed in the “normal lanes”. This “earlier release through express lanes” provides them an opportunity to claim provision of a service which they can now “convert to cash”. To keep the lucrative business going, the pyansadors would then give “fees” to their contacts within the criminal justice system, who, in return, would assure them of more “referrals” in the future.
A few pyansadors, however, make convincing promises to bail out the individuals--- name drop all the key actors they know--- “judge this,” “prosecutor that,” “colonel there”, “warden here”--- to impress a gullible victim. They would promise that the family member who is languishing in decrepit jails will be bailed out in an instant. Unwittingly duped, the family members would pawn or sell valuable assets, or borrow money from loan sharks (five/six), just to raise the bail money. But once entrusted the money, the pyansadors would run and hide, never to be seen again. These predatory pyansadors then go to different “jurisdictions” to find other victims. Among the pyansador community, these types of pyansadors are a disgrace to their “noble profession”.
The pyansadors emerge due to the lack of information from the police, jail and court agencies on the different steps and requirements in the bail system. In our Community Bail Bond, we documented different requirements in posting bail. These include:
From the jail/ police detention center:
1. Certificate of detention
2. Mugshots of the accused, following proper specifications (front, left, right, 2” by 2”; three sets each with signature of the accused at the back of each shot.)
3. Hand prints with signature of the accused
4. Verification of pending cases
From the Barangays:
5. Certification of Indigency (if the accused file for a reduction of bail)
6. Certificate of Residency
7. Sketch of the House (with a seal from the barangay)
From the lawyers:
8. Waiver/Undertaking with fingerprints, to be signed by the lawyer of the accused and must be independently notarized by a different lawyer.
From the courts:
9. Case information
10. Motion for bail
11. Order of judge granting reduction of bail
12. Declaration/ Certification (Annex Notarized)
These requirements vary from court to court. Other courts may require additional documents, such as Birth Certificate and Identification Cards. Indeed, as one PAO lawyer during a Round Table Discussion to discuss these issues mentioned: “the local courts have their own Rules of Court in determining the bail requirements.”
This absence of uniformity adds to the layer of confusion experienced by the family members in posting bail on behalf of an accused. Indeed, despite the wealth of knowledge our organization accumulated in bailing out individuals, it still takes us 7 to 10 days to process the release of low risk offenders. Without any intervention and assistance, these PDLs may stay in jail for a month or more, and eventually end up spending the money for bail, leading to their indefinite detention.
This organizational quagmire gives rise to the indispensable but abusive participation of the pyansadors in the bail system. Potential remedies: 1. The police, jails, and courts must develop an information dissemination campaign on the procedures and requirements of the posting of bail. They must develop easy to follow pamphlets that they can distribute to family members. They must have a website or Facebook pages that educate the family members and the PDLs on the bail procedures. Newly arrested and committed PDLs in police precincts and jail may be given proper orientation through audiovisual presentations. The Public Attorneys Office (PAO) must assist PDLs and their families in navigating the different steps. A number of PAO lawyers we interviewed suggested that they "leave it to the families to post the bail" for fear that they may be suspected of making money by assisting the accused. 2. Templates for the different certifications must be developed. There are some instances that PDLs have to pay a fee to secure a “Certificate of Detention” in the jails. The BJMP must strongly prohibit this practice. 3. Photo booths must be established in the detention centers and jails, to be managed by their respective Record Sections. If possible, mugshots must be provided free of charge. 4. Barangays must be helpful in providing the necessary certifications. Some barangays refuse to issue certifications when the PDLs are not “registered voters.” This is another layer of requirement independently developed by the different barangays. The DILG must notify the barangays of this important participation in the bail process. 5. The concerned agencies must publish a list of “Recognized Pyansadors” working in the system. The list must be prominently displayed in the police precincts, jails and courthouses. This accreditation system will remove the predatory pyansadors who run away with the PDLs’ bail money. 6. Individual criminal justice actors who benefit from the bail referral system must be identified and disciplined. This is clearly a Conflict of Interest and a violation of the Anti-Red Tape Act. The Chief of the PNP, BJMP, and the Supreme Court must establish clear guidelines prohibiting these acts. Some police officers in Quezon City even intimidated our Community Bail Bond volunteers because we are going to put them out of business.
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