Law expert: GCTA-freed convicts no fugitives, warrantless arrest flawed

A law expert said Wednesday that the nearly  2,000 convicts released by virtue of the law on good conduct time allowance (GCTA) cannot be called fugitives and therefore cannot be subjected to arrest without warrant.

Former dean of the University of the Philippines College of Law and now UP law professor Pacifico Agabin told Super Radyo dzBB's anchor Mike Enriquez that the 1,914 convicts were set free legally.

"Hindi sila puwedeng tawaging mga pugante. Legal ang pagpapalabas sa kanila. Puwera na lamang kung mapapatunayang sinuhulan nila ang mga opisyal ng Bureau of Corrections upang makalabas sila. Pero mahirap patunayan ang panunuhol," Agabin said.

Also, Agabin disagreed with Justice Secretary Menardo Guervarra's opinion that the 1,914 freed convicts are in a state of "continuously committing an offense" if they would not turn themselves in to authorities.

"We don't see any legal obstacle para doon sa mga properly... nag-accumulate na [ng GCTAs], they are not disqualified under the rules, walang issue about the correctness, validity of the grant of their good conduct time allowance," Guevarra said at a press conference last Tuesday.

President Rodrigo Duterte has given a 15-day ultimatum for the convicts—ending on Thursday, September 19, 2019— to "surrender" otherwise they would be subjected to warrantless arrest.

Two days before the deadline he set for the convicts' return, Duterte said he is offering a P1-million bounty for each of the heads of those who failed to "surrender." He was even quoted in reports as saying that he would give the reward money "smiling."

But Agabin said that Duterte must be kidding. "Kaya nga sinabi niya na he would be smiling."

"Alam ni Pangulong Dutere ang batas. Prosecutor siya dati. Nagbibiro lamang siya," Agabin added.

Over 500 of the GCTA-released convicts have returned to police custody so far. —LBG, GMA News