
Bureau of Corrections Director General Gregorio Pio P. Catapang Jr. announced yesterday the release of person deprived of liberty (PDL) Jimmy Fortaleza after the court granted his habeas corpus petition.
He said the Bucor needed to inform the House Quad Committee of the court’s decision since Fortaleza was in the custody of the House of Representatives as a witness.
Fortaleza corroborated the testimonies of two other PDLs on the execution of three Chinese drug lords inside the Davao Penal Colony in 2016, which is the subject of the ongoing investigation of the committee.
In a 14-page decision dated 23 September 2024 by Presiding Judge General M. Gito of Regional Trial Court Branch 206 of Muntinlupa City, the court granted Fortaleza’s petition for habeas corpus with prayer for computation of Special Time Allowance for Loyalty (STAL).
The court in granting the petition said that applying the two STALs earned by Fortaleza, he was entitled to a four-fifths reduction of his sentence of 32 years. After the deduction, his sentence was reduced to eight years.
The court said that based on his record, Fortaleza had been detained since 8 June 2008 and had served 10,748 days or 29 years, 5 months and 13 days. Thus, he had fully served his sentence.
The BuCor was directed by the court to immediately release Fortaleza and report to the court within five days the date and time of his release.
Since we already received the requested authenticated copy of the resolution of the Management, Screening and Evaluation Committee (MSEC) from the Bureau of Jail Management and Penology (BJMP), there was no reason for Fortaleza to remain in our custody, Catapang said.
The MSEC is an important document for the impending release of the subject PDL and the one furnished to Bucor earlier did not officially originate from the BJMP but from the wife of the PDL.
Fortaleza was serving a sentence of reclusion perpetua or 40 years for three counts of murder, a maximum of one year and eight months for two counts of arbitrary detention, and a maximum of four years and nine months for arbitrary detention.