Palace hopes GCTA law’s new IRR to address loopholes in earlier version

September 17, 2019

Malacañang expressed hope on Tuesday that the revised Implementing Rules and Regulations of Republic Act No. 10592 or the law on good conduct time allowance would address the loopholes of its previous version, which the administration has blamed for the release of some 2,000 inmates convicted of heinous crimes.

Some quarters, including senators, however, were blaming corruption for the GCTA controversy.

In a statement, Presidential Spokesperson Salvador Panelo said the Palace commends Department of Justice Secretary Menardo Guevarra and Department of Interior and Local Government Secretary Eduardo Año for promptly completing the 2019 Revised IRR of RA 10592.

"We hope that the revisions and corrections made in the instrument would address the inaccuracies, as well as the loopholes of its earlier version which generated confusion among the officials in implementing the law, and the corresponding backlash of the public against them," he said.

He recalled that under the IRR issued by then Justice Secretary and now detained Senator Leila de Lima and former DILG Secretary Mar Roxas in 2014, persons deprived of liberty (PDLs) who were charged of or convicted with heinous crimes were not excluded to avail of sentence deductions for good conduct under GCTA law.

Panelo, who is also the chief presidential legal counsel, said Rule IV, Sections 1 and 2 of the revised IRR made it "very clear and categorical" that those PDLs convicted of or charged with heinous crimes shall not be entitled to any sentence deduction based on GCTA.

The new IRR also provides for the definition of heinous crimes based on the provisions of Republic Act No. 7659, as amended, otherwise known as the Death Penalty Law, and those crimes specifically declared as such by the Supreme Court.

"This leaves the enforcers of the law with no room for confusion," Panelo said.

The revised IRR also provides that the Management Screening and Evaluation Committees, which are tasked to assess, evaluate, and recommend to the Director General of the Bureau of Corrections (BuCOR) and the chief of the Bureau of Jail Management and Penology (BJMP) the grant of GCTA benefits to qualified PDLs, are mandated to invite representatives from the Parole and Probation Administration and the National Prosecution Service of the DOJ, and even from accredited civil society organizations, to appear as observers during their deliberations.

Panelo said this is pursuant to the administration's commitment for transparency.

"We exhort the officials of the BuCOR to study the new IRR and transmit the correct and up-to-date information to their staff for their proper guidance," he added.

The GCTA law stirred controversy after rapist-murderer former Calauan, Laguna Mayor Antonio Sanchez was nearly freed.

It was later exposed in a Senate inquiry that about 2,000 convicted of heinous crimes were freed under the GCTA law.

President Rodrigo Duterte has given the 2,000 inmates who benefited from RA 10592 until September 19 to surrender, otherwise, they would be considered fugitives. Celerina Monte/DMS