Duterte to decide on Faeldon’s appointment in BuCor after Senate probe – Palace

September 3, 2019

President Rodrigo Duterte would wait for the result of the Senate investigation regarding the decision to be made on the appointment of controversial Bureau of Corrections chief Nicanor Faeldon, Malacanang said on Tuesday.

"It’s the Senate investigation conducting it, they will be having their own recommendations and the President will evaluate and make a decision, unless sooner decided by the President himself," said Presidential Spokesperson Salvador Panelo in a press briefing regarding Faeldon's fate as BuCor chief.

There was a strong clamor for Faeldon to quit after he ordered the supposed release of rapist and murderer former mayor Antonio Sanchez of Calauan, Laguna.

But during the Senate inquiry on Monday, Faeldon said he would only leave his post if Duterte tells him.

Panelo said its Faeldon's call if he wants to resign.

Asked if Duterte still trusts Faeldon, Panelo, who is also the chief presidential legal counsel, said, "Until such time as the President says otherwise, the status quo remains."

Panelo also clarified that those who were released under Republic Act No. 10592 or the law on good conduct time allowance ( GCTA) did not need the approval of the Office of the President.

"We stress that the granting of GCTA is not a form of executive clemency, the awarding of which belongs to the Office of the President. The buck in this case stops with the Bureau of Corrections," he said.

He also reiterated that the controversial law was passed during the Aquino administration and its Implementing Rules and Regulations were formulated under then Justice Secretary and now detained Senator Leila de Lima.

Panelo made the clarification after Thelma Chiong, mother of two kidnapped victims, apparently blamed Duterte for the release of some convicted felons, such as the abductors of her children despite committing heinous crimes.

"While the Palace understands the plight of Mrs. Chiong and commiserates with her situation, we believe that blaming PRRD (Duterte) for Republic Act No. 10592 with all its ambiguities is undeserved and unfair," he said.

With the apparent "ambiguities" in the law, he said the Palace joins the Department of Justice in calling Congress to remedy the law.

He said the OP also urges the DOJ to study the possibility of re-arresting those released for GCTA but were disqualified by law, such as those convicted of heinous crimes.

" We note that the case cited by Senator Franklin Drilon, People vs. Tan, where the Supreme Court ordered the re-arrest of a person who was erroneously released by a jail warden based on GCTA, may be a good legal basis for the same," he said. 

"We also note that Article 99 of the Revised Penal Code on the irrevocability on the grant of GCTA is premised on the grant having a lawful justification. Without a lawful justification, therefore, the said grant is void and the person who benefitted from it may not invoke its irrevocability hence can be incarcerated to continue his or her sentence," he added. Celerina Monte/DMS