The House Committee on Justice is likely to conduct its own hearing on the application of the good conduct time allowance (GCTA) provisions of Republic Act (RA) 10592, with the revision of the law to “avoid absurdity and confusion” as the end in view.
Assistant Majority Leader Fidel Nograles, who is also the vice chair of the justice committee, said they will focus on reviewing Article 29 and Article 97 of the Revised Penal Code as amended by RA 10592, noting that these two need to be reconciled.
“In Article 29, which speaks of credit for preventive imprisonment, has certain exclusions which are not found in Article 97…The conflicting part, these exclusions are not found in Art. 97 of the Revised Penal Code as amended by the GCTA, because all that we can find in Art. 97 is that persons who are entitled to credits for preventive imprisonment and persons convicted by final judgement and detained in penal institutions,” Nograles said in an interview with the ABS-CBN News Channel on Friday (September 13).
“You have to reconcile because you have to harmonize the two provisions , such as to give effect to all of the provisions of the law so there has to be specific exclusions, specifically in Art. 29, you need to adopt these exclusions on Art. 97 as well in order to avoid confusion.”
Article 29 excludes habitual delinquents, escapees, persons charged with heinous crimes and recidivists from the GCTA scheme.
Nograles also said they are looking at giving a clearer definition of what “heinous crimes” are. Right now, heinous crimes, as defined by the death penalty law, are those that are ”grievous, odious, hateful offenses of such monstrosity as to spark public outrage”.
The Senate justice and blue ribbon committees are now conducting hearings on the GCTA, with illegal practices such as the “GCTA for Sale” and “Hospital Pass for Sale” already uncovered.
Former and current officials of the Bureau of Corrections (BuCor), as well as several experts, had said the ambiguities in RA 10592, and even its implementing rules and regulations (IRR), led to liberal application of the GCTA that resulted in the early release of some 2,000 heinous crime convicts since 2014. The controversy became the talk of the town after Justice Secretary Menardo Guevarra announced last August 20 that even convicted killer-rapist Antonio Sanchez was set for early release because of the GCTA scheme.
More than a hundred life termers who were released due to RA 10592 have already surrendered after they were given by President Duterte 15 days to present themselves to authorities.
The Department of Justice (DOJ) announced that a revised IRR is due for release next week. This is the product of the joint review conducted by the DOJ and Department of the Interior and Local Government (DILG). “The Joint Review Committee has completed its work and submitted the draft IRR to the Secretaries of Justice and of the Interior and Local Government,” Justice Undersecretary Markk Perete told reporters. “Both will now review the draft IRR and decide on its promulgation.”