Olongapo court orders BuCor to say whether Pemberton can avail of GCTA

An Olongapo court has ordered the Bureau of Corrections (BuCor) to say whether or not convicted US Marine Joseph Scott Pemberton is entitled to good conduct time allowances (GCTA).

Virginia Suarez, lawyer for the family of Jennifer Laude, said this on Monday following a court hearing on the Laudes' motion seeking to prevent Pemberton's early release from prison.

"The court issued an order for the BuCor to update the computation or for the BuCor to really say whether or not Pemberton can actually avail of the GCTA," Suarez told reporters.

Suarez said she considers the order a positive development because it would prompt the BuCor to "really scrutinize" whether or not Pemberton is entitled to GCTAs.

In response, the BuCor said it has not yet received a copy of the court order. It said it will submit its comment accordingly if required by the court.

GCTAs are granted to prisoners who follow prison rules and regulations.

Despite having been incarcerated for just over five years out of a six-to-10-year prison term, Pemberton was ordered released last week because the court said he has already exceeded his sentence when his accumulated GCTAs are counted on top of his actual time served.

The Laude family has contested this, saying Pemberton, whose presence in the Philippines is governed by the Visiting Forces Agreement, is not entitled to GCTAs. They also argued that there is no proof of the convicted Marine's supposed good conduct.

Pemberton's lawyer countered that the BuCor officers who guarded the convict at Camp Aguinaldo attested to his good behavior.

The Department of Justice, through its prosecutors in Olongapo, is expected to file its own motion for reconsideration of the release order.

GCTA

The law on GCTAs, Republic Act No. 10592, provides the number of days that may be deducted from an inmate's service of sentence for each month of good behavior.

Authorities revised the law's implementing rules and regulations (IRR) last year following the Antonio Sanchez issue, which revealed alleged irregularities in the way prison officials have been granting time allowances.

The revised IRR excludes recidivists, habitual delinquents, escapees, and those charged with heinous crimes from earning time allowances and credit for preventive imprisonment.

The manual that would reflect the changes to the IRR and guide corrections officers in computing and awarding GCTAs was "for finalization" as of April this year.

The processing of GCTAs was suspended last year as authorities addressed these issues, but Justice Undersecretary Markk Perete said Monday that the "processing of GCTAs for convicts continues."

"However, there are cases affected by the new IRR (e.g. those charged with heinous crimes but eventually convicted of non-heinous crimes)," Perete said.

"As to them, presumptive GCTA is computed but the award is held in abeyance until the issuance of the Manual," he said.—AOL, GMA News