Since 2014, a year after the good conduct time allowance (GCTA) law took effect, some 1,914 convicts of heinous crimes have been released as a result of the measure’s provisions, according to a Bureau of Corrections (BuCor) document released yesterday.

BuCor apparently released the list in response to questions raised by some officials and legislators on the extent of the effect of the law after it was brought to public notice, amid the uproar on the possible release of convicted murderer and rapist former Calauan City Mayor Antonio Sanchez, after the Supreme Court (SC) ruled that the GCTA law must be made retroactive.

The penitentiary regulator broke down those released through GCTA as having been convicted of murder, 797; rape, 758; robbery with violence, 274; violation of the Dangerous Drugs Act of 2002, 48; parricide, 29; kidnapping with illegal detention, 5; and destructive arson, 3.

The BuCor revelations showed that the GCTA had applied to heinous crime convicts that make it applicable to Sanchez using the provisions to those already released.

The former mayor was kept in jail since the implementing rules and regulations of the GCTA law providing for its prospective effect excluded Sanchez who was convicted in 1995 for the rape and homicide of University of the Philippines-Los Baños student Eileen Sarmenta and the killing of her friend Allan Gomez.

Department of the Interior and Local Government (DILG) Secretary Eduardo Año insisted that the GCTA does not cover heinous crime offenders, which is contrary to the basis used for the release of the convicts.

The SC issued the ruling striking down the IRR provision on the law being prospective. Asked what would happen to individuals in case the DILG and the Department of Justice (DoJ) joint committee ruled to exclude heinous crime offenders from GCTA coverage, Justice Secretary Menardo Guevarra said, “We have to study and discuss that issue very carefully and thoroughly.”

“It’s not prudent to answer an important question like that without much thought,” he said.

Sen. Panfilo Lacson said among those who have received a reprieve due to GCTA were at least four convicted Chinese drug lords who were freed from the New Bilibid Prison Maximum Security Compound last June.

“Right now, I have a copy of some releases, names of releases. At least four of those released last 16 August are Chinese drug lords. They were released to the custody of the Bureau of Immigration (BI) for possible deportation. But these are convicted Chinese drug lords that have already been released as of 16 August,” Lacson told reporters in an ambush interview on Thursday.

He later said the four Chinese inmates were released from Building 14 of the Maximum Security Compound, and they were not turned over to the BI for deportation.

According to the senator, the released convicts are Chan Chit Yue, Kin San Ho, Ching Che and Wu Hing Sum. He said he will verify if these drug lords were released through the GCTA.

Also mentioned was alleged drug lord Ho Wai Pang who is set to be transferred to the BI for deportation.

“All these drug lords had been convicted for violation of illegal drug laws,” he added. The BI confirmed Lacson’s information, but they said the four convicted Chinese drug lords are currently detained in their warden’s facility.

The summary deportation order was signed and approved by the Board of Commissioners last 23 August 2019, and the implementation of the same will be effective as soon as the relevant documents, like National Bureau of Investigation clearance, is complied, BI deputy spokesman Melvin Mabulac said.

“BI exercises its ministerial function to deport foreign nationals who completed the service of sentence in Philippine prisons,” he added.

Moreover, the senator also mentioned that they were also trying to find the copy of the release order of Sanchez but “apparently, the copies are missing.”

The Senate Justice and Blue Ribbon committees, both chaired by Sen. Richard Gordon, will conduct a joint hearing on the implementation of GCTA on Monday.

A DoJ and DILG joint committee will review the guidelines for the implementation of the expanded GCTA. “In the mean time and pending conclusion of the work of the joint committee, the processing and computation of the credits and allowances provided under RA 10592 are hereby temporarily suspended,” the joint order signed by Guevarra and Año read.

The said law amended several provisions in the Revised Penal Code and authorized the credit of preventive imprisonment and revision of good conduct time allowance of persons deprived of liberty.

Last month a unanimous decision issued by the SC said that all prisoners who are already serving their sentence or undergoing preventive imprisonment may qualify for the reduction of their sentence even before 20 October 2013 pursuant to the time allowances under Republic Act 10592.