Guevarra: ‘recidivist, escapees and persons charged with heinous crimes’ are ineligible of GCTA

By Jeffrey Damicog

Justice Secretary Menardo Guevarra on Thursday (August 22) assured that those charged with heinous crimes are not qualified to get reduced sentences for good conduct.

Justice Secretary Menardo Guevarra
(TOTO LOZANO/PRESIDENTIAL PHOTO / MANILA BULLETIN)

“If a person charged with a heinous crime, not qualified at all,” Guevarra told reporters during a press conference Thursday afternoon (August 22).

Guevarra cited provisions of Republic Act 10592 which amended the Revised Penal Code and allowed the reduction of prison sentences due to good conduct or Good Conduct Time Allowances (GCTA).

Just last June, the Supreme Court (SC) issued a ruling that the law which was passed in 2013 should also be applied retroactively and not just prospectively since the RPC states that penal laws should be retroactively applied in favor of inmates.

RA 10592 and the SC ruling has raised concerns that rape-slay convict, former Calauan, Laguna Mayor Antonio Sanchez, could be released early.

Citing RA 10592, Guevarra said those who are not qualified for reduced sentence due to good conduct are “recidivist, mga habitual delinquents, escapees and persons charged with heinous crimes.”

As to the issue of the early release of Sanchez, Guevarra disclosed that the Bureau of Corrections (BuCor) has not even determined yet if Sanchez is even eligible for the GCTA.

“Yung case ni Mr. Sanchez is still up for evaluation kaya hindi pa natin masabi whether in fact he is eligible at all (The case of Sanchez is still up for evaluation and we don’t even know if he is even eligible),” the Secretary said.

“If the answer to the question is he is not eligible, there is nothing to compute,” he pointed out.

Meanwhile, Guevarra said he has already talked to BuCor Director General Nicanor Faeldon whom he asked to carefully review the case of Sanchez as well as those of other inmates.

“I have given direct instructions to the BuCor chief to ensure that the review of the good conduct time allowance for those charged with high profile or heinous crimes may be conducted with a lot of care and a lot of caution a lot of circumspection,” he said.

Guevarra has already learned from Faeldon that around 11,000 inmates stand to benefit from the law.

Just last July, the BuCor has already released around 200 inmates who accumulated GCTAs.

The Secretary also assured that the Department of Justice (DOJ) will review how the GCTA is being implemented.

“The department ought to take a look at these guidelines. Until then, until modified, these guidelines will presume to be alright and may continue to be used by the BuCor in processing GCTAs and releasing persons who are already entitled to be released,” he said.