Rolito Go should not be rearrested — DOJ’s Guevarra

Rolito Go, the murder convict whom the Supreme Court (SC) ordered released in 2016, should not be rearrested, Justice Secretary Menardo Guevarra said Friday.

The police earlier said Go is among those who failed to surrender within the 15-day grace period set by President Rodrigo Duterte for convicts of heinous crimes who were "prematurely" released to return to government custody. 

The rearrests are temporarily suspended as authorities clean up their arrest list.

Guevarra told ANC television that his recollection was that Go had served his sentence in full. "That's why he's already out. And he should not be included here anymore."

Asked if there should be no police tracker teams at Go's house, the Justice chief said: "Yes, because he is not supposed to be one of those convicted of heinous crimes who were prematurely released on account of GCTA (good conduct time allowance)."

Guevarra told GMA News Online that Go's lawyer, Estelito Mendoza, had told him that Go's sentence was commuted but said he will check further. 

Meanwhile, Philippine National Police deputy spokesperson Lt. Col. Kim Molitas said Go was advised to surrender before the deadline but was told by his lawyer not to, because he was supposedly a beneficiary of the older law on GCTAs and not Republic Act No. 10592, the 2013 law that expanded the privilege.

Before the passage of RA 10592, the Revised Penal Code (RPC) provided lower time allowances for prisoners. While convicts of heinous crimes who were incarcerated before 2013 will no longer receive time credits under the newer law, they may still accumulate those provided for under the RPC.

Those charged with heinous crimes who were detained after 2013 will no longer earn any time allowance, according to the revised implementing rules of RA 10592.

"So he did not (surrender). He was not a beneficiary of the expanded GCTA law," Molitas said.

Go was convicted for killing De La Salle University student Eldon Maguan in a road rage incident in 1991.

He was supposed to be imprisoned until 2022, but the SC in 2016 adopted a lower court ruling that his sentence should have expired in 2013 upon the deduction of time allowances for good conduct, colonist status, and preventive imprisonment.

"Therefore, after crediting his preventive imprisonment of nine months and 16 days, and the regular Good Conduct Time Allowance (GCTA) under Act No. 3815 and Special Credit Time Allowance (SCTA) under Act. No. 2409 granted upon him, Go has completed serving his sentence of thirty (30) years on 21 August 2013, which he commenced to serve on 30 April 1996," the SC ruled.

The Bureau of Corrections said Go was released on December 16, 2016.

But a "Go, Rolito y Tambunting" was in the original BuCor list of inmates who were released based on sentences shortened by GCTAs. However, the Go namesake on the list was convicted of rape and was released in 2017.

"We have recommended a general suspension of police activity, considering  the need to verify the remaining doubtful cases," Guevarra told GMA News Online. — Nicole-Anne C. Lagrimas/RSJ, GMA News