In the context of restorative justice, the Good Conduct Time Allowance system or Republic Act No. 10592 (An Act Amending Arts. 29, 94, 97, 98 99 of Act. No. 3815 as amended, otherwise known as the Revised Penal Code), was approved in 2013. It provided under Sec. 29: “Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the detention prisoner agrees voluntarily in writing after being informed of the effects thereof and with the assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners, but recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of this Act.”
When news broke that former Calauan, Laguna Mayor Antonio Sanchez was to be released under the GCTA system, Justice Sec. Menardo Guevarra said that the Department of Justice will suspend GCTA processing procedure.
Sanchez was sentenced in 1995 to seven counts of reclusion perpetua (or 40 years imprisonment) over the kidnapping and murder of UPLB students Eileen Sarmenta and Allan Gomez.
Sarmenta was also found to have been raped. This crime is exluded from the Good Conduct Time Allowance system.
Owing to the fact that the GCTA system would have potentially granted freedom to 11,000 inmates in penal colonies around the country, with the signature of Corrections Director Nick Faeldon alone, investigations would be conducted by the Senate and the DOJ.
When that law was made retroactive in July, with possible slashing of sentences in half, it implied that inmates from the 1990s, or those who have served 20 to 25 years, could be walking out of jail.
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There has been public outrage over the GCTA system as it runs counter to the search for justice for the victims and their families, after years of litigation.
Can government explain why the GCTA system allows the release of about 2,000 inmates accused of murder, rape, and drug trafficking?
The Senate should probe into the proper implementation of the GCTA system, whether certain provisions need to be clarified, and the imperative that the principle of transparency be observed.
What is at stake is the Doctrine of Crime and Punishment. Thus, “when you commit a crime, you should serve time!”
This is challenged by the general perception that a culture of impunity exists, and it is only the poor who gets punished.
The declarations rang hollow as the suspicious release of convicted prisoners fosters a belief that there is no deterrent to criminal behavior, as there is no definite punishment imposed.
What essential purpose does the GCTA system really serve? Did the families of high-value inmates, including drug traffickers, pay for their release? Was corruption involved?
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Author’s email: [email protected]
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