THE RECENT controversy regarding the possible release of former Calauan, Laguna mayor Antonio Sanchez is an object lesson on how, at times, well-crafted laws with good intentions may be implemented or interpreted contrary to its original spirit.
Mayor Sanchez was nearly set free through Republic Act 10592, or the Good Conduct Time Allowance (GCTA) Act. However, public uproar stopped the process. This led to the recent hearings by the Senate Committee on Justice and Human Rights.
RA 10592 increased the time allowances provided under the Revised Penal Code. With its enactment, a Uniform Manual on Time Allowances and Service of Sentence was published by a joint committee of the Department of Justice and the Department of the Interior and Local Government. This manual had guidelines on how to grant time allowances to inmates.
Mr. Sanchezās release became a hot issue because he was convicted of heinous crimes, and then committed violations while incarcerated. In 2006, a complaint was filed and alleged that he possessed shabu and marijuana. In 2010, a kilo of shabu worth P1.5 million was found inside a Blessed Virgin Mary statue in his cell. Finally, in 2015, items such as an air-conditioner, a refrigerator, and a flat-screen TV were found in and removed from his cell. Bureau of Corrections reports have also noted that he has tested positive for drug use.
So how is it that Sanchez qualified for GCTA? There have been reports that loopholes in the law have been exploited by criminals convicted of heinous crimes to avail of time allowances, even if they were charged with other crimes while already in jail.
This has never been the intention behind the GCTA Act.
This is why I recently filed a bill amending RA 10592, to plug the loopholes in the law. The immense discretion given to implementing agencies concerning the operationalization of time allowances, and the determination of what good conduct is, has now been proven to be open to abuse.
The amendments will include a definition of heinous crimes, the definite exclusion of recidivists, habitual delinquents, escapees, and persons convicted of heinous crimes from availing of the GCTA. Victims and their families will also be notified if a prisoner qualifies for GCTA. Inmates who violate prison rules or commit offenses while āinsideā will have partial or full forfeiture of granted GCTAs. On the side of government officials, stiff penalties will be enforced for the issuance of false certificates of good conduct by prison authorities.
While I do believe that we should encourage rehabilitation and reform for convicted and imprisoned criminals, we should amend the GCTA to make it less open to abuse. We cannot allow the GCTA to be an escape hatch for unrepentant convicted criminals, particularly those who committed heinous crimes. There can be no room for this sort of absurdity in a civilized society.
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Sen. Sonny Angara has been in public service for 15 years ā nine years as Representative of the Lone District of Aurora, and six as Senator. He has authored and sponsored more than 200 laws. He recently won another term in the Senate. (Email: sensonnyangara@yahoo.com| Facebook, Twitter & Instagram: @sonnyangara/PN)
