Almost 2,000 convicts of ‘heinous crimes’ released due to GCTAs — BuCor

The Bureau of Corrections (BuCor) on Thursday said it has already released close to 2,000 inmates convicted of heinous crimes on the basis of good conduct-based reductions to their prison terms.

Data released by the bureau shows that of the 22,049 persons deprived of liberty (PDL) released from 2014 to 2019 due to good conduct time allowances (GCTA), 1,914 had been convicted of heinous crimes such as murder and rape.

Of those convicted of heinous crimes, 797 were sentenced for murder, 758 for rape, 274 for robbery with violence or intimidation, 48 for drug-related offenses, 29 for parricide, five for kidnapping with illegal detention, and three for destructive arson. 

The bureau did not divulge names.

The inmates were released on the basis of Republic Act No. 10592, a 2013 law that increased GCTAs or days that may be deducted from prison terms of qualified prisoners who show good behavior.

READ: ‘Good conduct’ in the eyes of the Bureau of Corrections

The BuCor showed these figures at a time when Malacañang and the Department of Justice (DOJ) have already issued statements viewing the law as excluding prisoners convicted of heinous crimes from eligibility for GCTAs.

According to Justice Secretary Menardo, it was likely that the committee tasked to review GCTA guidelines will also conclude that those convicted of heinous crimes are ineligible for GCTAs.

When asked what this would mean for the 1,914 convicts who were already released, he said: "We have to study and discuss that issue very carefully and thoroughly. Not prudent to answer an important question like that without much thought."

In explaining the release of the 1,914, Frederic Santos, chief of the BuCor's legal office, said the bureau previously interpreted RA 10592 as covering all convicted prisoners. Passed in 2013, the law now applies retroactively due to a Supreme Court ruling last June.

RA 10592 has 10 sections. Section 1 pertains to credit for preventive imprisonment (CPI) and excludes "recidivists, habitual delinquents, escapees and persons charged with heinous crimes."

GCTAs are discussed in Section 3, which does not explicitly state exceptions, but qualifies its recipients this way: "any offender qualified for credit for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center."

Santos explained they previously included convicts of heinous crimes in the processing of GCTAs because of the provision "any convicted prisoner."

"So ang una naming ginawa, sinama talaga namin doon, kaya nga merong 1,914 na na-release before the pronouncement na suspension na... ang heinous crimes ay di kasama sa bibigyan ng GCTA whether CPI siya or actual time served. Andoon na tayo ngayon," he said.

He said the Secretary of Justice has the power to review the BuCor's actions. "...Sinabi niya (Guevarra) na 'di kasama, then we follow," Santos said.

Calls to review GCTA guidelines or even amend the law were made amid the public outcry that resulted from news of the possibility of early release for Antonio Sanchez, a former mayor sentenced to seven terms of up to 40 years each for the 1993 Sarmenta-Gomez rape-slay case.

Malacañang has specifically requested the DOJ to hold the processing of Sanchez's case until factual and legal issues have been resolved, but computations for around 10,000 inmates have also been put on hold for 10 days while GCTA guidelines are reviewed.

It remains to be seen whether or not prison authorities will officially exclude Sanchez from GCTA coverage based on the legal issue -- his conviction for heinous crimes -- or based on the factual issue-- his alleged misdemeanors, like possessing illegal drugs, a television, and an airconditioning unit in prison. — RSJ, GMA News