‘Faeldon come clean’

Davao City Mayor Sara Duterte urges honesty and transparency among government officials.

The demand for Bureau of Corrections director general Nicanor Faeldon to explain the release of inmates convicted of heinous crimes as a result of the Good Conduct Time Allowance (GCTA) law now included the voice of Davao City Mayor Sara Duterte as she said Malacañang should demand a report from the BuCor chief.

Nearly 2,000 convicts including those serving jail terms for illegal drugs trade and other heinous crimes were confirmed released through the GCTA law, but the Palace had ordered their retrieval.

Mayor Duterte said the Office of the President can exercise its power to review if it finds all the releases had no basis in law.

“I think the OP (Office of the President) should ask him to explain and then (it should) exercise the power to review. Thereafter, they can fire or ask him to resign if they think he had no basis in law for all the releases made,” Duterte said.

Among those allegedly freed on the basis of good conduct were 48 drug lords, including Chinese traffickers.

In Mayor Duterte’s view, the application of the GCTA law “should exclude heinous crimes mainly on the basis of the unspeakable evil of the crime they committed.”

Faeldon is now under fire for the botched release of former Calauan City Mayor Antonio Sanchez, who was sentenced to seven terms of life imprisonment for the rape-slay of Eileen Sarmenta and the murder of her companion Allan Gomez in 1993.

Reports have claimed that Faeldon has signed the release order of Sanchez which was set on 20 August, but the BuCor chief earlier denied that he has authorized the release papers.

“They may (be) reformed inside the prison but they should be made to pay for the life of the depravity of the crime they have committed. That is the price they should pay,” President Rodrigo Duterte’s daughter explained.

She said the GCTA might not have become an issue if “the death penalty is in place.”

In reaffirming her support to death penalty, Mayor Duterte said: “(There is) no point in using government money in keeping them alive. An eye for an eye, a tooth for a tooth for heinous crimes convicts is reasonable.”

She said the release of drug convicts was saddening as it’s already difficult to send somebody to jail and “then they would only be released.”

“There is really good behavior inside the jail because their freedom is restricted. Give them freedom and they will party,” she noted.

Duterte said the release of drug suspects was a blow to the government’s war on drugs and which are incidents that infuriated her.

“It even encourages EJK (extrajudicial killings),” she added.

She also supported calls to make public the names of those freed based on GCTA.

“The list should be made public. It is laced with public interest because they are convicts. Chances are high they will commit crimes again. That is our reality. The possibility of reform is low in humans,” Duterte added.

The Senate, meanwhile, is hell-bent on having Faeldon attend today’s inquiry into the botched release of Sanchez.

This was indicated in the issuance of subpoena ad testificandum by Sen. Richard Gordon, chairman of the Senate Committees on Justice and Human Rights and Blue Ribbon, against Faeldon and his immediate superior, Justice Secretary Menardo Guevarra.

The subpoena issued to the BuCor chief stated, “You are hereby commanded and required to appear before the Committee on Justice and Human Rights of the Senate, then and there to testify under oath on what you know relative to the subject matter under inquiry by the said committee.”

Faeldon could be facing contempt and possible detention if he fails to attend the inquiry. Gordon set the hearing at 10 a.m. today.

Senate President Vicente Sotto III signed the subpoena dated 31 August. Gordon is confident both Faeldon and Guevarra will attend today’s probe.

Initially, the Senate sent invitations to the resource persons, including Faeldon and Guevarra. However, it was gathered that there was no confirmation from the two as of Friday, apparently prompting the issuance of a subpoena.

In a radio interview on Sunday, Senate Minority Leader Franklin Drilon said the release of the heinous crime inmates must be authorized by the Department of Justice (DoJ) Secretary.

“The release of these over 1,900 prisoners by virtue of the Good Conduct Time Allowance Law is invalid because it did not have the approval of the Secretary of Justice,” Drilon said.

“Any release of prisoners should be in accordance with the law and proper procedure must always be observed. The law laid down who and how GCTA is computed, what the exclusions are, and who orders the release. How could a mere technical superintendent could order the release?” the former Justice secretary averred.

He reiterated that the DoJ shall retain its authority over the power to review, reverse, revise or modify the decisions of BuCor in accordance with Republic Act 10575 or the Bureau of Corrections Act of 2013.

“What I said is, it is clear that the clearance from the Secretary of Justice is needed if you are sentenced to life imprisonment. That was not followed,” Drilon indicated.

He added that Faeldon should explain how the people deprived of liberty who were convicted of heinous crimes are eligible for an early release and why BuCor failed to secure the approval of the Justice secretary.

Drilon noted that under RA 10575, a fine of P100,000 and perpetual disqualification to hold office should be imposed on any public officer or employee who violates the law.