Are the likes of the Antonio Sanchez eligible for reduced sentence? The ambiguous provisions of the GCTA law should either be interpreted by the Supreme Court or amended by Congress.

MANILA, Philippines – The story began Tuesday night, August 20, when reporters received unverified information that convicted rapist and murderer Antonio Sanchez, imprisoned in Bilibid for 25 years, might be walking free soon.

Reporters asked Justice Secretary Guevarra for confirmation. In one text message, Guevarra said Sanchez "may actually be released," and in another he said the convict "is very likely for release."

Reporters then had a telephone conference with the justice secretary, who explained that a July 2019 Supreme Court ruling made the 2013 Good Conduct Time Allowance (GCTA) law retroactive, and would therefore apply to inmates like Sanchez.

The GCTA law can slash by up to 19 years the sentence of an inmate jailed in the 1990s if he had behaved well throughout his term. For every month of sustained good behavior, an inmate earns points, whose total, by the time of the effectivity of the law, will be used to determine the number of days by which his sentence will be reduced.

On Thursday, August 22, Bureau of Corrections (BuCor) Director General Nicanor Faeldon said that while Sanchez is eligible to avail himself of the GCTA, he might still have to stay in Bilibid for several years because of misdemeanors he reportedly committed, like stashing drugs in his jail cell and smuggling in luxuries like kubol, television, and airconditioning unit.

"Preliminary, kasi marami siyang involvement sa some not good behavior eh baka hindi nga siya qualified, that's really the probability. He may not be qualified to go home today or in the next few months, mukhang hindi sya mapapasok kaagad. Baka abutin pa siya ng several years," Faeldon said.

This was around noon of Thursday. By this time, reporters had also pointed out to Guevarra that aside from the Eileen Sarmenta-Allan Gomez case, Sanchez was also convicted for the double murder of Nelson and Rickson Peñalosa.

Guevarra had this to say at the time: Sanchez can still get early release "only if he has earned enough good conduct credits during imprisonment."

At this point, the messaging had become: while Sanchez is eligible to avail himself of good conduct time allowance, he may not have that many credits yet for early release.

Not qualified at all

Late afternoon Thursday, Guevarra called for a press conference at the Department of Justice, where he was asked: does the law disqualify people convicted of heinous crimes from availing themselves of the benefits of good conduct time allowance?

“If a person [is] charged with a heinous crime, [he is] not qualified at all" had become Guevarra's stand.

By Friday, August 23, Guevarra had an explanation: the wording of Section 1 and Section 3 of the law means that only inmates eligible for credit of preventive imprisonment (CPI) are also eligible for GCTA. Because people charged of heinous crimes are not eligible for CPI, then they are also not eligible for GCTA. (Read more on that here.)

Over at Malacañang, Presidential Spokesperson Salvador Panelo would echo Guevarra.

“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.

Amid the backtracking, Guevarra said: "It's been a tough process of interpreting the wordings of a law that has certain ambiguities in its provisions. In the end, however, it is the spirit and the intention of the law that guided us in taking a position."

Despite a categorical statement from both Guevarra and Malacañang that the likes of Sanchez are not eligible for reduced sentenced under the GCTA law, the final answer lies with the law.

"Clarity could be obtained through an amendment of the subject law or an interpretation by the Supreme Court in a proper case. If there is doubt, either the Supreme Court interprets or Congress amends," the justice secretary said. – 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> 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> 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.

ADVERTISEMENT

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.

ADVERTISEMENT

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.

Read Next

LATEST STORIES

MOST READ </s> Understand the GCTA law and the Supreme Court ruling that surrounds this issue.

MANILA, Philippines – The reported possible release of convicted rapist and murderer Antonio Sanchez, even though he has only served 25 years in 9 terms of reclusion perpetua, is a result of different laws, the latest of which was a Supreme Court ruling this July.

It is mainly anchored on Republic Act No. 10592, signed in 2013 by former president Benigno "Noynoy" Aquino III, that provides guidelines on how to compute the good conduct time allowance (GCTA) of an inmate which is deducted from his total sentence.

The reduced prison term is based on good behavior of the inmate. For a well-behaved inmate from the '90s, the GCTA law can slash up to 19 years off of his sentence.

For Sanchez, the Bureau of Corrections has since changed its tune, saying that reported misdemeanors inside jail may mean the convict can still stay in jail "for several years" more.

The Department of Justice has made the biggest backtrack – Justice Secretary Menardo Guevarra is now saying that as a convict of a heinous crime, Sanchez is not eligible at all to avail of good conduct time allowance. Malacañang has agreed with Guevarra.

Understand the GCTA law and the Supreme Court ruling that surrounds this issue. – Rappler.com </s> The GCTA law allows deductions from sentences of persons deprived of liberty on the basis of good behavior. But how is it calculated and what are the nuances of the law?

NATIONAL. The New Bilibid Prison in Muntinlupa City. File photo by LeAnne Jazul/Rappler

MANILA, Philippines – Government officials on Thursday, August 22, changed their tune on the possible early release of convicted murderer-rapist Antonio Sanchez.

Bureau of Corrections (BuCor) chief Nicanor Faeldon said that he may not be among the thousands of inmates set for release soon, based on reported misdemeanors during his imprisonment. Even Presidential Spokesperson Salvador Panelo said on Friday, August 23, that based on the letter and spirit of the law, Sanchez, former Calauan mayor, would be ineligible and disqualified from availing of the benefits of the Good Conduct Time Allowance (GCTA) law.

Sanchez, who was convicted in 1995 for the deaths of University of the Philippines-Los Baños students Eileen Sarmenta and Allan Gomez in 1993, was initially announced as among those who would benefit from the GCTA law. (LISTEN: [PODCAST] Ang batas na puwedeng magpalaya sa rapist-murderer na si Antonio Sanchez)

This triggered a major backlash from the public. But what is the law about?

What is the Good Conduct Time Allowance Law all about?

Republic Act No. 10592 or the GCTA law was signed in 2013 under then-president Benigno Aquino III.

It amended several articles under the Revised Penal Code, including Article 97 which lays out the allowance for good conduct for persons deprived of liberty (PDLs).

In a nutshell, the GCTA law allows for deduction of sentences of PDLs, depending on how well they abide by rules and regulations inside “any penal institution, rehabilitation, or detention center or any other local jail.” It essentially awards good behavior and recognizes rehabilitation.

The 2013 amendments to the Revised Penal Code, according to a factsheet by the Supreme Court, also expanded the application of the GCTA to the preventive suspension period, increased the number of days that may be credited, and allowed additional deductions, among others.

Who is covered by the GCTA Law?

The GCTA law initially was planned to prospectively cover convicted inmates.

The Implementing Rules and Regulations (IRR) of the law, penned by then-justice secretary Leila de Lima and interior secretary Mar Roxas in 2014, provide for prospective application.

Why prospective? According to Section 4 of the IRR, the rules provide “for new procedures and standards of behavior for the grant of good conduct time allowance…and require the creation of a Management, Screening and Evaluation Committee.”

In 2014, however, several National Bilibid Prison (NBP) inmates questioned this provision before the SC. Top human rights lawyers, including Rene Saguisag and others from the Free Legal Assistance Group (FLAG), intervened in support of the petition.

The provision, FLAG said at the time, “discriminates, without any reasonable basis, against those who would have been benefited from the retroactive application of the law.”

On June 2019, voting unanimously, the SC granted the petition, making the GCTA law retroactive. In his concurring opinion, SC Associate Justice Marvic Leonen said that the prospective provision of the 2014 IRR “implies that all inmates detained or convicted prior to its effectivity can no longer be rehabilitated for a successful reintegration into society, effectively trampling upon their dignity as human beings.”

According to Bureau of Corrections chief Nicanor Faeldon, 1,000 inmates may be set for mass release.

How about those convicted of heinous crimes?

This has been the point of contention of arguments that arose after news broke about Sanchez’s possible early release. The former mayor committed gruesome and horrific acts that merited his conviction in relation to the deaths of the two UPLB students and a father and son in Laguna.

There was a clash between the interpretations of Justice Secretary Menardo Guevarra and former justice undersecretary Reynante Orceo who was part of the joint committee that drafted the law manual. Guevarra said heinous crimes should be excluded, while Orcelo said heinous crimes are still "technically" included. (READ: Can heinous crimes be excluded from good conduct time allowance law?)

Senate President Tito Sotto is for amending the law, while Senator Franklin Drilon is against such move. (READ: Amid Sanchez news, senators split on amending reduced prison term law)

How is the GCTA computed?

Section 3 of RA 10592 provides the guidelines for calculating the GCTA of inmates:
• None For the first two years of imprisonment: For each month of good behavior, 20 days will be deducted from the total sentence. If a convict behaved well each month, 480 days, or roughly one year and 3 months, will be deducted from his prison term.
• None For the 3rd to 5th years: For each month of good behavior, 23 days will be deducted, or a total maximum deduction of 828 days, or roughly two years and 3 months, from the prison term.
• None For the 6th to 10th years: 25 days for each month of good behavior or a total deduction of roughly 1,800 days, or roughly 4 years and 1 month, from the prison term.
• None For the 11th and successive years: A month of good behavior equals a 30-day deduction. This means that a person serving 25 years who was well-behaved every month from his 11th to 25th years would get a prison term reduction of 14 years and 7 months.
• None In addition, an inmate shall get 15 days additional reduction for each month of study, teaching, or mentoring service.

This means that a PDL who has been in jail for 25 years and who showed good behavior during imprisonment, can have as much as 19 years deducted from his or her jail term.

What can affect a PDL’s possible early release?

Misdemeanors can make or break a PDL’s chance of an early release based on the GCTA law.

According to the uniform manual on time allowances and service sentence released by the DOJ in 2017, the basis for disqualification from GCTA benefits is violation of any of the following prison rules:
• Unauthorized selling or bartering with fellow PDL of items not classified as contraband
• Littering or failing to maintain cleanliness and orderliness in quarters and/or surroundings
• Taking the cudgels for reporting complaints on behalf of other PDLs
• Late in formation during PDL headcount without justifiable reason
• Failure to report for work without sufficient justification
• Failure to render assistance to an injured personnel or fellow PDL
• Failure to assist in putting out fires inside the prison
• Behaving improperly or acting boisterously during religious, social and other group functions
• Swearing, cursing or using profane or defamatory language directed at other persons
• Malingering or pretending to be sick to escape work assignment
• Spreading rumors or malicious intrigues to besmirch the honor of any person
• Failure to stand at attention and give due respect when confronted by or reporting to any prison of authority
• Forcing fellow PDL to render personal service for him/her and/or to others
• Exchanging uniforms or wearing clothes other than those issued for the purpose of circumventing jail rules
• Loitering or being in an unauthorized place
• Writing, defacing, or drawing on walls, floors or any furniture or equipment
• Withholding information which may be inimical or prejudicial to prison security
• Possession of lewd or pornographic literature, photographs, and sexual items
• Absence from cell, brigade, place of work during headcount, or at any time without justifiable reason
• Failure to turn over any implement/article issued after work detail
• Making untruthful statements or lies in any official communication, transaction, or investigation
• Keeping or concealing keys or locks of places in the prison which are off-limits to PDLs
• Giving gifts, selling, or bartering with any prison authority
• Keeping unauthorized amount of money, jewelry, cellular phones or other communications devices, luxurious properties and other items classified as contraband under the rules
• Tattooing others or allowing him/her to be tattooed on any part of the body, or keeping paraphernalia to be used in tattooing
• Forcibly taking or extorting money from fellow PDL or visitors
• Punishing or inflicting injury or any harm upon him/herself or other PDL
• Receiving, keeping, taking or drinking liquor and prohibited drugs and smoking
• Making, improvising or keeping any kind of deadly weapon
• Concealing or withholding information on plans of escapes
• Unruly conduct and flagrant disregard of discipline and instructions
• Escaping, attempting or planning to escape from the institution or from any guard
• Helping, aiding, or abetting others to escape
• Fighting, causing any disturbance or participating therein and/or agitating to cause such disturbance or riot
• Willful disobedience to a lawful order issued by any prison authority
• Participating in kangaroo court, an unauthorized or irregular court conducted with disregard for or perversion of legal procedures as mock court by the PDL in a prison;
• Failing to inform the authorities concerned when afflicted with any communicable disease, such as tuberculosis, sexually-transmitted diseases, etc.
• Engaging in gambling or any game of chance
• Committing an act which is in violation of any law or ordinance
• Committing an act prejudicial to good order and discipline
• Any behavior which might lead to disorder or violence, or such other actions that may endanger the facility, the outside community or others
• Any act analogous to the foregoing

Who are in charge of reviewing time allowance?

The same manual of the DOJ lays out the process, involving key employees.

The person deprived of liberty is screened by a time allowance supervisor at the end of each month.

The Management, Screening and Evaluation Committee then reviews for appropriate action, including recommendation to prison authorities, of the grant of the time allowance.

The prison authorities will then act on the recommendation – approve, disapprove, or return it. Decisions will be posted in various places inside the prison facility

Appeals can be made if there are errors or irregularities seen in the evaluation. – 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> 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 </s> Human rights lawyer Edre Olalia suggests excluding certain types of heinous crimes from the reduced prison term law

BILIBID CONVICTS. A thousand Bilibid convicts are set to be released soon because of a Supreme Court ruling that retroactively applied a law on reduced prison term. File photo by Ben Nabong/Rappler

MANILA, Philippines – Convicted rapist and murderer Antonio Sanchez killed two more people – a father and son – aside from the University of the Philippines (UPLB) Los Baños students; but that will have no legal bearing on his release because the revised penal code states the maximum prison time shall not exceed 40 years.

Sanchez has been in jail for 25 years, but he is set to be released soon because the Department of Justice (DOJ) said he has put in sufficient good conduct time allowance (GCTA) that reduced his maximum 40-year term.

Sanchez' sentences for the two different crimes in the early 90s coincided with each other. Because the maximum period is 40 years, being convicted for two separate crimes will not affect the computation of good conduct time allowance.

Justice Secretary Menardo Guevarra pointed this out, saying: "I'm sure that all of these things are being taken into consideration but take note that multiple sentences are served simultaneously, not one after the other."

Guevarra added: "Good conduct subject to time allowances is the conduct exhibited during prison time, not conduct before imprisonment, no matter how reprehensible it may have been."

Sanchez qualified for a 2013 law on new guidelines on how to compute good conduct time allowance. A Supreme Court (SC) ruling issued July this year declared that the law shall be applied retroactively, meaning it should include inmates jailed before the law was passed like Sanchez.

Public backlash followed the news of Sanchez' impending release, but human rights lawyers were bound to agree with the SC ruling because of equality of laws.

Edre Olalia of the National Union of Peoples' Lawyers (NUPL) suggested instead a review of the 2013 law to possibly amend it so that individuals who commit certain "heinous crimes" are disqualified from availing the good conduct reduced prison term.

"It is better to impose life imprisonment in its literal sense for such very limited and well defined crimes like Sanchez," said Olalia.

But Olalia was compelled to add that reform and rehabilitation should still be factored in.

"Still, if there is proven genuine remorse and real prospect for rehabilitation, parallel out of detention commitments and reportorial mechanisms can be granted," said Olalia.

In January 1999, the Supreme Court upheld the sentence of 7 terms of reclusion perpetua against Sanchez for the rape-slay case of UPLB student Eileen Sarmenta and her boyfriend Allan Gomez.

In August 1999, the High Court imposed a sentence of 2 terms of reclusion perpetua against Sanchez for the double murder of Nelson and Rickson Peñalosa.

Nelson was the political leader of Sanchez' opponent for the mayoral seat at the time, according to court records. Rickson was Nelson's son who was in the in the same vehicle that Sanchez' men shot at. This happened on April 1991, two years before the 1993 UPLB rape-slay case.

The Peñalosa double murder case, however, was only brought to court in 1994. The trial court decision was issued on December 1996. Sanchez was already in jail then for the UPLB case.

Even though Sanchez was sentenced to different terms of reclusion perpetua for two different crimes, Article 70 of the Revised Penal Code says if the convict shall serve two or more penalties, those penalties shall be served successively for a duration of up to three times the maximum penalty but which shall not exceed 40 years.

Guevarra said a thousand other convicts will benefit from the retroactive application of the reduced prison term law. The Bureau of Corrections (BuCor) has started processing inmates from 1993, Guevarra said. – Rappler.com
Philippine Department of Justice Secretary Menardo Guevarra and Bureau of Corrections (BuCor) Director-General Nicanor Faeldon says that former Calauan Mayor Antonio Sanchez is ineligible under a 2013 law that credits good conduct time allowance (GCTA) for an early release from prison.