Filtered By: Topstories
News
EXPLAINER

‘Good conduct’ in the eyes of the Bureau of Corrections


Can Antonio Sanchez, a former mayor convicted of rape and murder, earn good conduct-based deductions from his lengthy sentence if he had been charged with heinous crimes and shown "not good behavior" in prison?

The Bureau of Corrections (BuCor) is using a 2017 manual in computing good conduct time allowances (GCTA) that may be granted not just to Sanchez but to thousands of inmates, according to Corrections chief Nicanor Faeldon.

"'Good conduct time allowance' reduces the actual time a PDL (person deprived of liberty) serves his/her sentence for complying with jail/prison rules and regulations," Chapter 1 of the Uniform Manual on Time Allowances and Service of Sentence states.

The law on GCTAs, Republic Act No. 10592, provides the number of days that may be deducted from an inmate's service of sentence, but it does not on its own define good conduct.

The manual does: it says good conduct refers to "the non-violation of prison rules and active involvement in rehabilitation programs, productive participation in authorized work activities or accomplishment of exemplary deeds coupled with faithful obedience to all prison rules and regulations."

The manual also lists 48 specific prison rule violations that would make an inmate not entitled to GCTAs "for the said month," but makes no mention of a single act or violation that could permanently disqualify an inmate from getting GCTAs.

Some examples of violations: unauthorized selling of non-contraband items, littering, willful waste of food, failure to assist in putting out fires inside the prison, swearing at other persons, unauthorized use of communication equipment, assaulting prison personnel, gambling, committing violations to any law, and any behavior that might lead to disorder or violence.

The screening and evaluation of inmates' entitlement for time allowances is the responsibility of the Management, Screening and Evaluation Committee, which will submit its recommendations to prison authorities.

When asked if the standards could not be subject to corruption, Faeldon said he would be lying if he said the manual was completely free from abuse.

"In every organization, sometimes there are loopholes in the implementation... but we want them to implement it religiously as specified by the manual," he told reporters Thursday.

Questions have been raised on the former mayor's behavior in prison.

Police filed a complaint against Sanchez in 2006, when he was already in prison for years, for allegedly possessing shabu and marijuana. The case that stemmed from this complaint was dismissed by a court around 2011, Faeldon said.

In July 2010, Sanchez was caught with P1.5 million worth of shabu hidden in a statue of the Blessed Virgin Mary inside his cell. In 2015, authorities seized a flat-screen TV and an airconditioning unit from the convicted mayor.

The first reports, quoting authorities, that sparked discussion on GCTAs and RA 10592 indicated Sanchez was likely to be released soon on the basis of GCTAs. But on Friday, Faeldon said Sanchez may not qualify for the privilege after all.

Computing time allowances

Chapter 6 of the manual lays out the formula for computing time allowances, including GCTAs and those granted for loyalty and study, teaching, or mentoring.

The computations differ between inmates who are under preventive imprisonment, or those whose cases are still pending, and those already convicted.

For convicts, the computation is a three-step process. According to the manual, the expected date of release (EDR) for convicted inmates is computed this way:

EDR = date transferred from jails to BuCor + maximum imposable penalty - time credited during preventive imprisonment + gap of detention (e.g time at large, time on bail, time on release on recognizance) - time allowance

In Sanchez's case, BuCor spokesman Eusebio Del Rosario, Jr. had been quoted as saying Sanchez had already served 49 years in prison because of his GCTA entitlements. Later, he said the computation was not final and was only applicable if the former mayor did not violate any prison rule.

The BuCor will review Sanchez's case next month, Faeldon said.

Heinous crimes

In another layer to the discussion, views differ on whether or not people charged with or convicted of heinous crimes should be eligible for GCTAs at all.

Presidential spokesman Salvador Panelo, who used to be Sanchez's lawyer, said they are not, referring to Section 1 of RA 10592.

This provision says that under certain conditions, time served by inmates under preventive imprisonment could be deducted from their sentence. It also says a person under preventive imprisonment can be released if he has already been in jail for a period equal to the maximum penalty for the crime he was charged with.

But it comes with an exception: "recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of this Act."

Sharing a view with Malacanang, Justice Secretary Menardo Guevarra said those not qualified for credit for preventive imprisonment under Section 1 are also unqualified for GCTAs.

GCTAs are discussed in another provision of RA 10592 -- Section 3, which by itself does not mention exceptions.

On the other hand, the BuCor manual says an inmate under preventive imprisonment who falls under the exceptions "may be credited with the full time of his preventive imprisonment and avail of time allowances.." but cannot be released until conviction and service of sentence.

Human rights lawyer and former SC spokesman Theodore Te also said the exceptions only apply to the section on credit for preventive imprisonment and not to the one on GCTAs.

"If there's a doubt, either the Supreme Court interprets or Congress amends," Guevarra said in a message to reporters. —LDF, GMA News

LOADING CONTENT