A Philippine regional court sentenced retired army general Jovito Palparan, nicknamed 'The Butcher,' to life imprisonment on Monday for kidnapping, illegal detention and disappearance of two student activists from the University of the Philippines who remain missing since 2006.

Colonel Felipe Anotad and Sergeant Edgardo Osorio were also given a life-term by the Bulacan regional court in north Manila where Karen Empeno and Sherlyn Cadapan, students of University of the Philippines, went missing 12 years ago. </s> A Philippine court on Monday convicted retired army Maj. Gen. Jovito Palparan and two others for the highly publicized enforced disappearance of two female student activists from the University of the Philippines. The court sentenced Palparan, Lt. Col. Felipe Anotado, and Staff Sgt. Edgardo Osorio to life imprisonment for the kidnapping and illegal detention of Karen Empeño and Sherlyn Cadapan in 2006, who remain missing.

The verdict is an important step for justice in the Philippines, where serious abuses by the military and police are rarely punished. Palparan is possibly the highest ranking military officer convicted in a human rights case. The extrajudicial killings of political activists became commonplace during the Ferdinand Marcos dictatorship, which ended in the 1986 “people power” revolution, and continue to this day.

For years, Palparan, 68, was a celebrated figure in the Philippine in the Philippine military’s campaign against the communist New People’s Army. He was known as “The Butcher” because of the bloodshed that ensued wherever he was assigned. Prosecutors originally charged Palparan in 2011 for the abduction of Cadapan and Empeño, but he evaded authorities for years and was arrested only in 2014.

In 2015, a witness, Raymond Manalo, testified that he saw Palparan along with Cadapan and Empeño inside a military camp in Bulacan province where he, too, had been detained for being a suspected communist rebel. Manalo alleged that the two women had been severely tortured and raped while in Palparan’s custody. Another witness, Wilfredo Ramos Jr., also testified in court that he had seen the abduction of the two women by Sergeant Osorio and other armed men. In its decision, the court said Ramos's testimony "dovetailed" with that of Manalo’s, constituting “persuasive and unassailable proof that the three accused in complicity with each other committed the crimes imputed against them.”

The guilty verdicts and long sentences came after a long and agonizing struggle for justice by the families and supporters of the two activists. It rekindles hope among the families of many other victims of human rights violations in the Philippines. And it serves as a reminder to state security forces that justice and the law will catch up with them sooner or later. </s> A retired army general accused of being behind the killing of dozens of leftist activists in the Philippines has been sentenced to life for kidnapping two university students in 2006.

Jovito Palparan, nicknamed "The Butcher" for his deadly campaign against communist rebels, was found guilty of the disappearance of two university students Karen Empeno and Sherlyn Cadapan.

Judge Alexander Tamayo also convicted two of Palparan's co-accused, an army lieutenant and a sergeant, and ordered the three to pay 300,000 Philippine peso ($5,500) each in damages to the family of the two students.

Palparan protested the conviction, shouting at the judge: "You're a coward, judge! You're such a coward!"

Tamayo warned Palparan that he would be cited for contempt, but the former general shouted: "It doesn't matter. We will be jailed anyway. You're such a fool."

Empeno and Cadapan were kidnapped from a rented home in the town of Hagonoy in Bulacan province, 36 kilometres north of Manila, in June 2006 by people believed to be soldiers.

Empeno, who was then 22, was doing research on the plight of farmers in the province, while Cadapan, then 29, was a community organiser for a leftist farmers group in Bulacan.

The two were believed to have been raped, tortured and later killed by soldiers, but their bodies have not been found.

When charges were filed by the parents, Palparan went into hiding and was only found three years later in Manila.

Local and international human rights groups welcomed Palparan's conviction, which came seven years after the case was filed against him in 2011.

The National Union of People's Lawyers (NUPL), which counseled Cadapan and Empeno's families, welcomed the ruling, saying that "human rights violations will meet their match".

"[Palparan's] conviction sends the message that perpetrators of hideous human rights violations will meet their match in the fortitude of the mothers, the strength of the mass movement, the courage of human rights defenders, and the value of good lawyering for the people," the NUPL said in a statement. </s> DETAINED. Major General Jovito Palparan ran a senatorial campaign in 2016 from his detention cell at Fort Bonifacio. Photo by Carlo Gabuco/Rappler

BULACAN, Philippines (UPDATED) – Retired Army Major General Jovito Palparan was found guilty on Monday, September 17, of kidnapping and serious illegal detention in the 2006 disappearance of University of the Philippines (UP) students Karen Empeno and Sherlyn Cadapan.

Palparan’s co-accused Lieutenant Colonel Felipe Anotado and S/Sgt Edgardo Osorio were also found guilty of kidnapping and serious illegal detention. The decision was promulgated by the Malolos Regional Trial Court (RTC) Branch 15.

The 3 are sentenced to up to 40 years in prison, and are each ordered to pay P100,000 in civil indemnity and P200,000 for moral damages.

Judge Alexander Tamayo committed Palparan, Anotado, and Osorio to be detained at the New Bilibid Prison (NBP) but their lawyers appealed in open court to let them remain at the custodial center at the Fort Bonifacio in Taguig due to another pending case at the Malolos RTC.

Senior Assistant State Prosecutor Juan Pedro Navera said Supreme Court rules state that Palparan et al would be detained in Bilibid upon conviction.

As the sentence was being read, Palparan shouted to Judge Tamayo: “Duwag ka Judge! Napakaduwag mo!” (You're a coward, Judge! You are such a coward!)

He was warned of contempt but Palparan retorted: “Kahit i-contempt mo kami! Makukulong naman kami eh!” (Even if you cite us for contempt, [it doesn't matter]. We will be jailed anyway!)

Palparan did not stop and told both Judge Tamayo and Navera: “Napaka gago mo! (You're such a fool!)”

Correct decision

Erlinda Cadapan, mother of Sherlyn, wept after the decision was read. She said on the way out of the court: "Tama naman po ang pasya dahil sa ebidensyang ibinigay namin sa korte. Tama po ang pasya ng korteng ito." (The court's decision is correct because of the evidence we presented to them. The decision of this court is correct.)

Asked if she remains hopeful her daughter is alive, Erlinda said, “Habang buhay ako, may iaasa akong buhay ang aking anak, at dapat ibalik ng tarantado na ‘yun! Hindi naman nahiyang sumigaw sa loob ng korte, sigawan si Judge, hindi naman nahiyang gumawa ng ganoon."

(As long as I am alive, I will have hopes that my daughter is alive, and she must be returned by that stupid fool! He had no shame shouting inside the courtroom, shouting at the judge, he was not ashamed to do that.)

Cadapan and Karen Empeño went missing on June 26, 2006 in Hagonoy, Bulacan.

The Malolos RTC ordered Palparan's arrest in December 2011, after which he went into hiding. He was found after more than 3 years, in August 2014, in an apartment above a bakery in Sta. Mesa.

He has been detained at the custodial center at Fort Bonifacio in Taguig ever since.

A co-accused, Sergeant Rizal Hilario, remains at large.

Palparan was a decorated general for his implementation of Gloria Arroyo’s counter-insurgency campaign. He gained notoriety from his assignments in Mindoro, Samar, and Central Luzon, and which earned him the monicker Berdugo or The Butcher from human rights activists.

Palparan ran and lost as senator in the 2016 national elections.

Witnesses



One of the prosecution's biggest witnesses is farmer Raymond Manalo, who claims to have seen both Cadapan and Empeño at a military cell, where he was also allegedly kept by military captors.

In detention, Manalo said he had seen and talked to Palparan twice.

Manalo said he was abducted on February 14, 2006, on suspicions that he was also a communist rebel, but was able to escape a year later on August 12, 2007.

Manalo testified in court that he saw military men torture and sexually molest Cadapan, 29 at the time, and Empeño, 22 then.

Another witness is Wilfredo Ramos Jr, who was only 14 years old at the time of abduction. Cadapan and Empeño were living with them for their immersion work, when armed men allegedly barged into their home and took the two women.

Ramos testified the same to the Court of Appeals, which affirmed Palparan’s arrest in 2017.

It was Ramos who identified Osorio, an aide of Palparan, as being among the armed men who forcibly took Cadapan and Empeño in Hagonoy.

Palparan has denied all accusations, and has earnestly fought the charges through motions all dismissed by the court since.

– Rappler.com </s> Presidential Spokesman Salvador Panelo says a review of the law 'reveals that it is categorical in excluding recidivists, habitual delinquents, escapees, and persons charged with heinous crimes from the benefit of its coverage'

WILL HE STAY IN JAIL? Rapist and murderer Antonio Sanchez is seen inside the Maximum Security Compound of the New Bilibid Prison in Muntinlupa City on August 22, 2019. Photo by Lito Borras/Rappler

MANILA, Philippines – Malacañang said on Friday, August 23, that based on the "spirit and letter of the law," rapist and murderer Antonio Sanchez is not qualified for early release.

Presidential Spokesman Salvador Panelo cited the provision of Republic Act No. 10592 or the law on good conduct time allowance (GCTA) that disqualifies those convicted of heinous crimes from availing of reduced prison terms under the law.

Panelo said a review of the law “reveals that it is categorical in excluding recidivists, habitual delinquents, escapees, and persons charged with heinous crimes from the benefit of its coverage.”

“This is the letter and the spirit of the law. Thus, the inevitable conclusion is that all those convicted of a heinous crime, including Mr Antonio Sanchez, would be ineligible and disqualified from availing the benefits of the GCTA,” said Panelo.

Panelo was Sanchez’s lawyer in the rape-slay case of Eileen Sarmenta, and the murder of Sarmenta’s friend Allan Gomez. Both were students of the University of the Philippines-Los Baños when they were killed in 1993.

Sanchez was sentenced to 7 terms of reclusion perpetua for the 1993 murder-slay case, and two terms of reclusion perpetua for the murder of Nelson Peñalosa and son Rickson.

Panelo assured those opposed to the early release of Sanchez that the Bureau of Corrections (BuCor) under the Department of Justice (DOJ) would conduct a thorough and “careful” review of the GCTA of convicts.

He said Malacañang supports the DOJ's directive to BuCor “to carefully and cautiously review the GCTA of persons who have been found guilty by the courts of having committed high profile, heinous crimes or crimes so grave that show extreme moral depravity.”

Panelo reiterated that reduced prison terms would be granted only to those who are entitled to it, based on the determination of the DOJ which supervises BuCor.

He also welcomed the planned Senate inquiry into the earlier reported possible early release of Sanchez.

On Tuesday, August 20, Justice Secretary Menardo Guevarra said that Sanchez would be among those who would benefit from the retroactive application of RA 10592 as he had been in jail for more than 25 years. The 2013 law used to be prospective in application, but the Supreme Court had ruled that it would be retroactive, to cover cases prior to its enactment.

His statement sparked public outrage over the possible early release of Sanchez, as families of his victims demanded proof of his good behavior in prison.

Guevarra, as well as BuCor chief Nicanor Faeldon, later said on Thursday, August 22, that Sanchez was ineligible for release.

Faeldon had cited Sanchez's misdemeanors, such as stashing drugs inside Bilibid, affecting his good conduct time record. As such, the former mayor may still stay inside prison "for several years." – Mia Gonzalez/Rappler.com </s> Rape-slay convict Antonio Sanchez may not walk free any time soon after all, and is not likely to do so, until he has served his full 40-year prison term, according to justice department officials amid public outrage over reports that the former mayor might be released early due to his “good conduct.”

In separate press conferences on Thursday, Justice Secretary Menardo Guevarra and Bureau of Corrections (BuCor) Director General Nicanor Faeldon said Sanchez was not eligible under a 2013 law that credits good conduct time allowance (GCTA) for an early release.

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The former mayor of Calauan, Laguna province, and six of his aides were each sentenced to serve seven 40-year prison terms for the rape-murder of Eileen Sarmenta and for the murder of Allan Gomez, both University of the Philippines Los Baños (UPLB) students in 1993.

Under the Penal Code, no person should be imprisoned for more than 40 years even if convicted in multiple cases.

The family of Gomez clarified that the two students were not college sweethearts but were just close to each other, saying his fraternity was affiliated with Sarmenta’s sorority.

Heinous crimes

Guevarra said prisoners convicted of heinous crimes and those who have committed drug offenses while incarcerated should be excluded outright from benefiting from Republic Act No. 10592, which shaves years off a prisoner’s prison term for good behavior.

He said he had told Faeldon to conduct a “process of elimination” of prisoners not qualified for GCTA because the law excluded “recidivists, habitual delinquents, escapees and persons charged with heinous crimes.”

“I have given instructions to the BuCor chief that the review of GCTA for high-profile or heinous crimes be conducted with a lot of care, caution and circumspection,” Guevarra said.

“If a person is charged with heinous crime, not qualified at all,” he said.

He noted that Sanchez was found in possession of a sachet of “shabu”(crystal meth) and a bag of marijuana leaves in his cell in 2006.

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In 2010, prison guards confiscated P1.5 million worth of shabu stashed in one of the former mayor’s Virgin Mary statues and in 2015, he was found illegally keeping appliances in his cell.

Drug possession alone, Guevarra said, “is not (a mere) infraction; that is a crime.”

‘Many violations’

“I am surmising the guidelines of the BuCor would make that person ineligible already,” he said.

Faeldon agreed with Guevarra, noting that based on a preliminary assessment, Sanchez had committed “many violations” since he walked into the New Bilibid Prison in Muntinlupa after his conviction on March 14, 1995.

“He has many involvements in some not good behavior that maybe would disqualify him. That’s really the probability,” the BuCor chief told reporters.

“He may not be qualified to go home today or in the next few months. … It may take him several years,” he added.

Faeldon said the 2006 drug charges were dropped by the Muntinlupa court in 2011, but the dismissal would have no bearing on the BuCor’s review of Sanchez’s conduct.

“As far as the [BuCor] is concerned, his arrest was legal and he committed a violation of the prison rules,” he said.

The shabu discovered in his cell in 2010 and the appliances seized in 2015 were “clear antithesis of what good behavior should be,” Faeldon said. “These will be points to be raised against him to be qualified for the application of the good conduct time allowance.”

Disqualified

He said the period of incarceration of around 11,000 prisoners across the country would be recomputed for GCTA, but he estimated that only around 1,000 would qualify for reduced sentence.

Among those who would be disqualified were “high-profile” inmates, as well as drug lords and those who “provided sanctuary or supported drug peddlers while they were here,” he said.

To quash rumors that Sanchez had already been released and was seen in his hometown, journalists were allowed to take photos of the 73-year-old walking inside the maximum security compound.

BuCor spokesperson Eusebio del Rosario Jr. said Sanchez was doing fine inside his cell but had complained of cataract.

“He’s usually holed up in his cell, praying and kneeling before his Virgin Mary statue,” Del Rosario said.

Eileen’s family

Sarmenta’s mother, Maria Clara, who was shocked and angered by the prospect that Sanchez might soon walk out of prison, was thankful for the justice department’s clarifications.

“God is not sleeping. And we have complete trust and faith in the law,” she told the Inquirer.

She was indignant, however, over the former mayor’s prison lifestyle and suspected that some of the prison authorities could have been bribed to say that he showed “good conduct.”

“His lifestyle there shows that he lives like a king—he has aircon, TV, carpeted floor, two bedrooms and more than a million [pesos worth of] shabu in his possession. Aren’t those infractions? Show us proof that he behaved well in jail,” Sarmenta said.

“Did money talk so evaluators could vouch for his ‘good conduct’ in prison? Or is it a matter of whom you know in government? We can’t help thinking,” she said.

Even after 26 years since her daughter and her friend were brutalized, she still could not bear seeing the face of Sanchez, she said.

“After the promulgation I don’t want to see his face, not even in picture or in television. Now, whenever I see his face on TV, I want to throw something at it or shut it off,” she said.

The 74-year-old retired staff member of the House of Representatives lives with her husband and a grandson in their home in Las Piñas City.

Eileen would have been 48 on Sept. 16, her mother said. “He (Sanchez) is a monster. He is a menace to the society.”

She said that while the family was looking at courses of action, they wanted the government to be transparent.

“The law is the law. You cannot oppose the law but we just want it to be fair,” she said.

Allan’s family

At UP Los Baños on Thursday, Gomez’s 73-year-old mother, Iluminada, and her eldest son, OJ, joined around 200 students and teachers protesting the early release of Sanchez.

Carrying banners saying “No to release of Sanchez,” they carried lighted candles while marching around the sprawling campus.

Gomez told the Inquirer that releasing Sanchez would only put to waste the years spent on getting a conviction against an official who was also allegedly involved in other illegal activities in Calauan.

“Only our case had brought the end (to Sanchez), hopefully, and the awakening, hopefully. But people have short memory, no?” she said.

“Here came an event (Allan’s murder) that although painful had awakened people. We thought it would continue, but it did not simply because our government system is not protecting our people,” she said.

The retired UPLB professor’s family was still keeping the Tamaraw FX van that her son and Sarmenta had used on the night they were abducted by Sanchez’s men in June 1993.

Sarmenta’s body was found inside the van, which was recovered in Barangay Mabacan in Calauan. Gomez’s body was recovered about 5 kilometers away in Barangay Imok.

The young Gomez, who would have been 45 this year, was in his senior year as an agriculture student at the state university and had promised to buy his mother a farm that is now only a picture she has been keeping all these years.

“It’s pathetic, tragic,” his mother said.

The law that would allow prisoners to be released earlier than their prison term has good intentions, she said.

“But people have to understand that what’s shocking is [this could be] a political ploy,” she said, without elaborating.

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MOST READ </s> But, says Justice Secretary Guevarra, if someone is denied clemency, he can still qualify for early release based on good conduct time allowance

SANCHEZ. Convicted former mayor of Calauan, Laguna Antonio Sanchez is seen inside the Maximum Security Compound of the New Bilibid Prison in Muntinlupa City on August 22, 2019. Photo by Lito Borras/Rappler

MANILA, Philippines – It turns out convicted rapist and murderer Antonio Sanchez applied for executive clemency but was denied in 2019.

His application was denied outright by the Board of Pardons and Parole, and never reached the Office of the President. Granting clemency is a presidential power, on recommendations by the board.

"Board of Pardons and Parole, at that level, executive clemency was denied, but as I said that's a totally different matter," Justice Secretary Menardo Guevarra said on Thursday, August 22.

Guevarra said that executive clemency is a different process than being eligible for a reduced prison term under the law on good conduct time allowance or GCTA. The GCTA law sets standards for sentence reduction based on good behavior. (READ: Eileen Sarmenta's mother demands proof of rapist Sanchez's good behavior)

"Hypothetically, if that same person na hindi napagbigyan ang application for executive clemency is eligible for good conduct time allowance and it is enough para masabi na puwede na s'yang ma-release, then he will be released notwithstanding the fact that his application for pardon was previously denied dahil magkaiba ng legal basis 'yun," Guevarra said.

Prisons chief Nicanor Faeldon changed tunes Thursday and said that, based on reported misdemeanors, Sanchez may not be included in the first wave of mass release.

Sanchez was sentenced to a total of 9 terms of reclusion perpetua – 7 for the rape and double murder of college students Eileen Sarmenta and Alan Gomez, and 2 for the double murder of Calauan political figure Nelson Peñalosa and son Rickson. The sentences coincided with each other.

Article 70 of the revised penal code sets rules on serving successive sentences, the maximum period of which should not exceed 40 years. It means that despite 9 reclusion perpetuas, Sanchez shall serve time for only 40 years.

Sanchez has been in jail for 25 years, and the GCTA law made retroactive by the Supreme Court qualified the convicted former mayor for early release if good conduct is proven.

However, Faeldon said misdemeanors, such as stashing drugs inside Bilibid, will affect his good conduct time record, such that Sanchez may still stay inside prison "for several years."

Sanchez was caught with marijuana in prison in 2006, with P1.5-million worth of shabu in 2010, and with airconditiong unit and flat screen TV in 2015.

The Bureau of Corrections (BuCor) said it has assigned more than 60 personnel working round the clock to study the good conduct time record of all qualified inmates, including Sanchez. – Rappler.com </s> THE Department of Justice (DOJ) on Tuesday, August 20, said convicted rapist and murderer Antonio Sanchez may walk free out of prison as he becomes one of the 11,000 inmates eligible for release under a new law.

According to Justice Secretary Menardo Guevarra, Sanchez would benefit from the recent ruling issued by the Supreme Court (SC) that orders the retroactive application of the number of days credited to prisoners for their good-conduct time allowance (GCTA).

“He (Sanchez) is not the only one involved here but also thousands under detention, persons deprived of liberty. So many prisoners’ good-conduct time allowances would be subjected to recomputation. Maybe one after the other they would be released,” he said.

The Republic Act (RA) 10592 amended provisions of the Revised Penal Code and allowed the credit of preventive imprisonment and revision of GCTA of persons deprived of liberty.

Under the law, 20 days will be deducted for each month for good behavior during the first two years of imprisonment, while 23 days for each month will be deducted during the third to fifth year. From sixth to 10th year, 25 days will be deducted for each month of good behavior; and 30 days for each month from the 11th year to succeeding years.

Additionally, 15 days will be deducted for each month of study, teaching or mentoring time rendered by the prisoner.

Sanchez, a former mayor of Calauan, Laguna, was sentenced in 1995 to seven counts of reclusion perpetua (or 40 years imprisonment) for the rape-slay of Eileen Sarmenta and murder of Allan Gomez, students from the University of the Philippines Los Baños.

Sanchez, upon conviction, was brought to the New Bilibid Prison (NBP) in Muntinlupa in 1995. He has served 26 years in prison from the time of his arrest to present.

However, Bureau of Corrections (BuCor) spokesperson Sonny del Rosario said the former mayor has already served 49 years — beyond the maximum penalty of 40 years — based on the computation of his GCTA, as reported by The Manila Bulletin.

Several senators on Thursday, August 22, condemned the possible release of Sanchez, saying that the convicted rapist and murderer does not deserve to be released from jail.

Senate Minority Leader Franklin Drilon, who was Justice secretary at the time that the crime happened, expressed his shock over the news, urging the justice department to withhold Sanchez’s release pending a review of his qualifications.

He also said he plans on filing a resolution for Senate hearings into how the Board of Pardons and Parole computes the GCTA, pointing out that Sanchez was caught twice concealing illegal drugs inside the prison.

“From the records it would appear that he has not changed at all, engaging in shabu distribution, 10 years after he was convicted in 1995. In 2006, he was charged with illegal possession of drugs…In 2010, he was caught again with P1.5 million worth of shabu concealed in a statue of the Virgin Mary,” Drilon told ANC.

“In 1995, we prosecuted him successfully and sentenced him to 7 life sentences. Is that just ignored when the Bureau of Corrections allowed him this good time allowance?” he further said.

Minority Sen. Risa Hontiveros echoed his sentiments, noting that Sanchez is not qualified to have his jail term reduced as his supposed good conduct while in prison remains to be questionable.

“Sanchez has shown no signs of remorse and displayed no effort at improving himself in behavior or character inside the penitentiary,” she said in a statement.

“Freeing an unrepentant criminal who refuses to take responsibility for his brutal crimes and has even committed new and serious crimes while serving time is not restorative justice,” Hontiveros added.

Senate President Vicente Sotto III also said Sanchez should not be released from jail, explaining that the former mayor has yet to indemnify the victims’ families.

Rights group Karapatan Secretary General Cristina Palabay, meanwhile said: “This case was considered as one of the triumphs of the Philippine judicial system at that time, yet, it seems that convicted criminals can still pull a few strings to surreptitiously orchestrate their escape, shamelessly disguised as ‘award’ for their alleged good conduct.”

“If released, Sanchez’s case will be another glaring example of how dysfunctional and unfair our current judicial system is. We cannot allow this to happen,” she added.

Family of rape-slay victim Sarmenta called for concrete proof of Sanchez’ good behavior from the authorities.

“We need to see, give us a copy of the computation, of proof that he is really well-behaved,” said Clara, Sarmenta’s mother, in a phone interview with Rappler on Thursday.

“How could he have good behavior when he didn’t follow all the rules; he had an airconditioning unit, he had a cellphone, and to top it all off, he had shabu hidden in a statue of Mama Mary,” she pointed out.

Clara expressed heartbreak over the news of Sanchez’s possible release.

“To tell you the truth, I wasn’t able to sleep last night. Everything came back to me. the pain, the struggle, bringing back our lives together. Bumalik ulit lahat ‘yun (Everything came back). I’m really sorry that I’m crying,” she said.

Her daughter would have turned 48 on September 16.

On June 21, 1993, Sarmenta, along with her boyfriend Gomez, were kidnapped by Sanchez’s six henchmen. Sarmenta was presented as “a gift” to Sanchez by then-Calauan police deputy chief George Medialdea.

Gomez was beaten outside the rest house of Sanchez, while Sarmenta was raped by Sanchez inside. After the former mayor was done, he tossed Sarmenta to to his men who proceeded to gang rape her. She and Gomez were subsequently killed by Sanchezs men. </s> Senate President Vicente Sotto III wants to amend the Good Conduct Time Allowance law to exclude heinous crime convicts, but Senate Minority Leader Franklin Drilon disagrees

MAXIMUM SECURITY. Convicted former mayor of Calauan, Laguna Antonio Sanchez is seen inside the Maximum Security Compound of the New Bilibid Prison in Muntinlupa City on August 22, 2019. Photo by Lito Borras/Rappler

MANILA, Philippines – Senators are divided on whether there's a need to amend the retroactive law which allows for the early release of inmates based on good conduct, even as Justice Secretary Menardo Guevarra said the law should be reviewed.

After public outcry on the possible release of rape and murder convict Antonio Sanchez, Senate President Vicente Sotto III filed Senate Resolution No. 107 on Thursday, August 22, which seeks a review of Republic Act (RA) No. 10592 or the Good Conduct Time Allowance (GCTA) law with a view of amending it.

"Basta't classified na heinous crime, hindi dapat mag-qualify. Dapat reclusion perpetua ka. Tutal ayaw n'yo ng death penalty, sige reclusion perpetua ka. You die in your cell," Sotto said in an interview with reporters.

But pending review of the law, Sotto said the GCTA law should be temporarily stopped as it supposedly allowed the early release of Sanchez despite reports of illegal acts in his cell.

"Right now, it has to be stopped because the computation is not correct," Sotto said.

"Perhaps, someone can bring it up to the [Supreme Court] for a temporary restraining order so that it will not be executed right away," he added.

Senator Panfilo Lacson also supported amending the early release rule, with the proposal of a maximum reduction of 15% from total jail time.

"An amendment is in order. Aside from legislating a maximum of only 15% reduction for good conduct time while in prison, there must be offenses that should not make the convicts avail of parole or pardon, such as those committed with extreme gruesomeness like terrorism, rape with homicide, and the like," Lacson said.

Section 1 of RA 10592 mentioned that "recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of this Act."

Does it mean that the present law already excludes persons convicted of heinous crimes from availing of good conduct time allowance?

Law professor Ted Te said it does not.

Section 1 largely deals with subtracting the period of preventive imprisonment from the total sentence. Preventive imprisonment is the preconviction jail time of a person over a non-bailable offense.

Te said that Section 1 only applies to preventive suspension and not to GCTA as a whole.

"The limitations as to multiple offenses and recidivism and commission of heinous offenses apply only to Art. 29 (preventive imprisonment), not to Art. 97 (GCTA)," Te said.

Te added, "The sole question appears simply to be a factual one – had he been on good conduct such that it would merit the allowances?"

This was also Guevarra's view: "The battle is not legal but factual: is a Person Deprived of Liberty (PDL) eligible for GCTA? If yes, how much time credit?"

No need for amendments

But Senate Minority Leader Franklin Drilon shared a different view and dismissed the need for amendments of the GCTA law as it is already "good."

Drilon pointed the blame on the High Court's decision to apply the GCTA law retroactively. The SC ruling allowed qualified convicts imprisoned prior to the enactment of the 2013 GCTA law, starting from the early 1990s, to avail of early release.

"There is no need to amend the law. Maliwanag naman. (It's clear.) There are rules as to how to avail of the benefits," Drilon said.

"Ang nangyari lang, (What happened) was the SC struck down as unconstitutional that provision which made it a rule that it is applicable prospectively. The SC says it must be retroactively, that's why prisoners like Sanchez benefited from it," Drilon added.

Drilon also filed a resolution seeking for an inquiry into the computation of Sanchez's GCTA that reduced his jail time. He also appealed to the Department of Justice (DOJ) to stop the release of the rape-slay convict.

"I made an appeal to the DOJ: Do not release mayor Sanchez. Ngayon, kung talagang ipipilit nila, I would assist the Sarmenta family to bring the case before the regular courts. Ku-kwestyunin natin 'yung exercise of that discretion to release Sanchez, dahil mali iyan para sa akin," said Drilon, who was the justice chief when Sanchez was convicted.

But Guevarra said they "never insisted" on the release of Sanchez.

"The DOJ has never insisted on the release of mayor Sanchez and he (Drilon) doesn't have to threaten this department. The conduct of a legislative inquiry is most welcome, as the people are reacting to the effects of the law that the Congress itself enacted in 2013," Guevarra said.

"This maybe [is] a good time for the Congress to review its own creation," the justice secretary added.

Later on Thursday, Bureau of Corrections chief Nicanor Faeldon changed his tune and said that Sanchez may not be among the thousands of inmates to be released soon due to reported instances when illegal drugs and unauthorized equipment were found in his cell. – Rappler.com
Former Philippine Army general and politician Jovito Palparan is convicted for the kidnapping and disappearance of students Sherlyn Cadapan and Karen Empeño. He and two other associates are sentenced to life imprisonment.