Gordon denies trying to shift blame for GCTA mess to De Lima

The Senate probe on the release of heinous crime convicts under the Good Conduct Time Allowance (GCTA) law did not seek to pin the blame on Senator de Lima, Senator Richard Gordon said Thursday.

Gordon was responding to De Lima who in a statement accused fellow senators of using the allegations against her to steer the blame away from axed Bureau of Corrections (BuCor) Chief Nicanor Faeldon for the release of heinous crime convicts.

Asked if De Lima was being made a scapegoat, Gordon said, "“No, no. Malinaw ang sinabi ko. Pure speculation and analysis lang of the events of time."

"I have no proof na kumuha siya ng pera,” Gordon said.

On Thursday, witnesses Rafael Ragos who is a former BuCor Officer-in-Charge and National Bureau of Investigation NBI agent Jovencio Ablen, Jr. testified before the Senate probe that De Lima when she was Secretary of Justice and received payoffs in exchange for tolerating prostitution, gambling and illegal drug trade.

Ragos and Ablen made the same accusations against de Lima three years ago during a congressional inquiry in the House of Representatives.

Gordon, however, said that the events placed De Lima in a bad light since the implementation of the GCTA law had been required to conform to Department Order 953 mandating the BuCor to get the Secretary of Justice’s approval in releasing convicts sentenced to life imprisonment or reclusion perpetua.

“‘Yung timing lang, hindi maganda para sa kanya, kasi binago na  agad ng successor niya, naglagay ng Department Order 953 kasi marami na lumalabas, siguro may kumikita,” Gordon added.

Gordon said De Lima’s failure to exclude the convicts of heinous crimes under qualified beneficiaries of GCTA under Implementing Rules and Regulations of GCTA made her actions suspect at the very least.

“Hindi niya sinama sa IRR, nakakaduda ‘yun,” Gordon said.

Section 1 of the GCTA law amended Article 29 of the Revised Penal Code by providing that “computation of preventive imprisonment for purposes of immediate release should start on the actual period of detention with good conduct time allowance, provided, that if the accused is absent without justifiable cause at any stage of the trial, the court may motu proprio order the rearrest of the accused; provided, finally, that recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of this law.”

Section 3 of the GCTA law, however, could also mean that the law could extend to convicts of heinous crimes since it reads “the good conduct of 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 or any other local jail should entitle him or her the following deductions:

• During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good behavior during detention;
• During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-three days for each month of good behavior during detention;
• During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of twenty-five days for each month of good behavior during detention;
• During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days for each month of good behavior during detention; and
• At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or mentoring service time rendered.” —NB, GMA News