THE Department of Justice and the Department of Interior and Local Government (DILG) have finally released the revised implementing rules and regulations of Republic Act 10592 or the expanded good conduct time allowance (GTCA), which took effect in 2013.
The law now permanently excludes all recidivists, escapees, habitual delinquents and convicts of heinous crimes.
Justice Secretary Menardo I. Guevarra said this is one of the important revisions made in the IRR, the specification of prisoners excluded from early release of R.A. 10592, the benefits of which include credit for preventive imprisonment, GCTA, time allowance for loyalty and study, teaching, and mentoring.
The IRR also defined heinous crimes based on jurisprudence and as enumerated in Republic Act No. 7659 which imposed the death penalty on certain heinous crimes such as murder, rape, destructive arson, parricide, kidnapping and serious illegal detention, and drug-related offenses.
Guevarra explained that while those convicted of heinous crimes are disqualified under the 2013 GCTA law, they may still avail GCTA but with lower time credits as mandated under the Revised Penal Code.
“They earned time credits under the Revised Penal Code, they keep that and will continue to earn that. However, what will they not earn is additional time credit because of the GCTA law,” he said.
The revised IRR will also require posting of list of prisoners entitled to said credits and allowances and participation of the DOJ in deliberations.
In light of this, Guevarra said those who were released erroneously under the expanded GCTA should heed President Duterte’s order for them to return to jail until Spetember 19.
After Sept. 19, Guevarra said the government would start making warrantless against those who failed to follow the orders of President Duterte to surrender.
“After Sept. 19 and they (PDLs) refuse (to surrender), we have already taken this position since under the law and under the existing jurisprudence you have not completed the service of your sentence and it is your duty to serve it to the fullest,” Guevarra said
“We gave you notice, we gave you a grace period of 15 days (yet) you refused without justifiable reason then in effect you are committing the offense of evasion of sentence,” he added.
Guevarra said the names with photos of those who would fail to report back for recomputation of their GCTA will be made public.
The revision of the IRR of R.A. 10592 stemmed from the controversy surrounding the supposed release of former Calauan Mayor Antonio Sanchez who was convicted of rape and murder in 1995 for the killing of two University of the Philippines students in 1993.
Sanchez’ camp said he was among those who should benefit from the GCTA, however, his release was prevented due to public outcry and President Duterte’s order not to release him.
As of presstime yesterday, DOJ Undersecretary Markk L. Perete said 612 heinous crimes convicts who were released under the expanded GCTA have surrendered to authorities.
“As of 9:30 this morning, 612 prematurely released PDLs have surrendered and are in the custody of BuCor (Bureau of Corrections),” Perete told reporters in a text message.
Duterte earlier ordered all 1,914 prisoners convicted of heinous crimes who were prematurely released to surrender or they will be captured “dead or alive.”
The controversy led Duterte to sack of BuCor director-general Nicanor E. Faeldon for his post for disobeying his order.