Sanchez not qualified for release under GCTA —Drilon

Senate Minority Leader and former Justice Secretary Franklin Drilon said ex-Calauan, Laguna mayor Antonio Sanchez is not qualified for release under the good conduct time allowances (GCTA) prescribed in Republic Act 10592.

"Sa akin po, disqualified siya. Bakit? Sa ating implementing rules and regulation, good conduct is defined as conspicuous and satisfactory behavior, which involves active participation in a rehabilitation program, coupled with faithful observance of the rules of the detention. Doon pa lang hindi siya pwedeng mag-qualify for good conduct," Drilon told reporters in an interview Thursday.

Sanchez, in fact, exhibited "bad behavior" because he was reported to have been involved in drug trading inside his detention in Muntinlupa. the senator said.

"Ang premise noong good conduct time allowance is, as the rule says, ay conspicuous and satisfactory behavior na kasama ka sa rehabilitation programs at compliance sa rules ng detention. He does not qualify there. So doon pa lang ay hindi na siya kasama sa mag-avail ng good conduct time allowance," he added.

Sanchez was convicted for the rape-slay of then 21-year-old student Mary Eileen Sarmenta in 1993 in a celebrated case that shocked the nation because of gruesome details of the crime. He was also charged for the murder of Allan Gomez, Sarmenta's companion.

Justice Secretary Menardo Guevarra earlier announced that San chez, together with some 11,000 inmates, may be released from prison within the next two months due to the GCTA component of the law.

Sanchez was convicted of seven counts of rape with homicide and sentenced to suffer the penalty of seven reclusion perpetua for the crime against Sarmenta and Gomez.

"I am shocked and saddened by this news. I had personally worked hard during my time as secretary of justice to provide justice to the victims and their faimilies. Dugo’t pawis at luha po ang inukol natin diyan," Drilon, who was justice secretary during the time of Sanchez's conviction,  said in a separate statement.

Resolution

On Thursday, Drilon filed Senate Resolution No. 106 directing the Committee on Justice and Human Rights to conduct an inquiry into the "reported eligibility of Antonio Sanchez for an early release from prison with the end in view of ensuring the proper implementation of, and enacting remedial legislation to, Republic Act No. 10592."

"Sanchez's alleged good behavior is questionable because in 2006, he was charged with possession of illegal drugs after a prison guard allegedy found him to be keeping a packet of shabu and marijuana, along with other illegal drugs paraphernalia."

Drilon pointed out that Article 29 of the Revised Penal Code (RPC) states that the grant of credit for preventive imprisonment "shall not apply to an accused who has been convicted previously twice or more times of any crime."

In the interview, he also stressed that Sanchez was sentenced for seven life terms.

"Since each of the accused is convicted for 40 years, theoretically, seven life terms ans sentensya ng bawat isa – that’s 280 years, except that there is a law, the Revised Penal Code, na nagsasabi na ang maximum na makulong ang isang tao ay 40 years. That is why he was supposed to serve 40 years. Having said that, he should serve the full sentence. Hindi naman siya dapat kasama sa good conduct allowance," Drilon explained.

Defer action

Drilon continued:  "It’s wrong. Kaya I asked the DOJ to defer consideration of the application of Mayor Sanchez until this issue is clarified. In my reading of what was reported, he is not qualified because of his involvement in drug trade, so he must serve his full sentence."

Senator Risa Hontiveros made the same call, saying "the implementation of the new GCTA guidelines should go beyond simple computations."

The nature and gravity of the crimes committed shall also be considered, she said.

Hontiveros said repentant prisoners should be given the chance to reintegrate to the society but urged the Bureau of Correction (BuCor) officials to thoroughly review those who should be qualified to have reduced prison term based on good conduct.

She underscored that releasing an unrepentant prisoner is "a mockery of justice and itself a crime."

"I strongly disagree that rape-slay convict Antonio Sanchez is qualified to have his jail term reduced. Sanchez has shown no signs of remorse and displayed no effort at improving himself in behavior or character inside the penitentiary. In fact, even inside prison, he has continued committing crimes with impunity.," Hontiveros said.

Bureau of Corrections chief Nicanor Faeldon on Thursday said that the release of Sanchez is not yet final.

"Let us not assume na lalabas na siya," Faeldon said in an interview on Unang Hirit, adding the BuCor has yet to "compute" Sanchez's good conduct time allowances.  —LDF, GMA News