Faeldon denies being told of need for DOJ approval in convicts' release

Former Bureau of Corrections Director General Nicanor Faeldon on Monday contradicted the claim made by BuCor legal division chief Fredric Anthony Santos that Faeldon was aware that the prior approval of Justice Secretary Menardo Guevarra was needed before convicts sentenced to life imprisonment or reclusion perpetua could be released.

Upon the questioning of Senator Richard Gordon, chairman of both the Blue Ribbon and Justice committees, Santos said he informed Faeldon of the existence of Department Order 953 which required the BuCor to first seek the Justice Secretary's permission before such releases could be enacted.

“Sinabi po namin kay sir ‘yang (DO) 953,” said Santos, though he could not remember exactly when he had spoken to Faeldon about the matter.

Santos later also clarified that he could not remember if he directly mentioned the matter to Faeldon or to his administrative staff or head executive assistant.

Santos added they created the list of convicts that should be released because the Supreme Court decision on Republic 10595 or the Good Conduct Time Allowance (GCTA) law was immediately executory.

“When we received the SC decision to recompute and release the concerned convicts if there are no cases against them. Baka ma-arbitrary detention kami dahil delaying the release of prisoner,” he explained.

‘It never happened’

Meanwhile, Faeldon, who served as BuCor chief for eight months, denied that Santos informed him that they needed to inform the Justice Secretary about the impending releases.

“I have never heard him inform me about the DO 953, it never reached my office nor did he mention this to me,” he claimed.

Faeldon said if it was true that Santos told him about the department order, there should have been a memorandum addressed to the Justice Secretary endorsing the release of the convicts.

“It never happened in my eight months in the bureau,” he insisted.

What Faeldon could remember was that Santos and other lawyers at the BuCor had insisted that there were no legal impediments to the release of former Calauan Mayor Antonio Sanchez and other convicts.

During the Senate hearings, Faeldon said he did not believe that Sanchez was qualified to be given good conduct time allowance credits.

“It was never my opinion that he (Sanchez) was entitled (to the Good Conduct Time Allowance) law,” Faeldon said last week.

“The legal officer who is beside me (Santos) and other lawyers of the bureau, I discussed this with them several times and they continuously reminded me that there is no legal basis to stop the release of Sanchez  because all the requirements for his release under the retroactive effect of Republic Act 10595 is satisfied,” he had added. — DVM, GMA News