Faeldon 'liable' for freeing heinous crime convicts: GCTA Law co-author


Posted at Sep 03 2019 10:25 AM | Updated as of Sep 03 2019 10:46 AM

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MANILA - Bureau of Corrections chief Nicanor Faeldon should face charges for allowing the early release of prisoners, including those convicted of heinous crimes, via the Good Conduct Time Allowance (GCTA) Law, a co-author of the measure said Tuesday. 

"He did not harmonize the law. He did not see that this exclusion is to the entire act so therefore there should have been no release and absolutely no release of those involve in heinous crimes," said Cayagan de Oro Rep. Rufus Rodriguez in an interview on ANC's Headstart. 

Rodriguez said Faeldon is liable under Section 6 of Republic Act No. 10592, which states that any public officer or employee who violates the provisions of the act could face one year imprisonment, a fine of P100,000 and perpetual disqualification to hold office.

He said Faeldon and other members of the BuCor management, the evaluation and screening committees are all held administratively and criminally liable.

"He is liable as far as I see the clear spirit and intent of the law is that they should not release heinous crimes," he said.

The implementation of Republic Act 10592 which increases the “good conduct time allowance” of prisoners has been under intense scrutiny lately after the justice department announced that convicted rapist-killer Antonio Sanchez might be released from imprisonment because of supposed good behavior.

Rodriguez said excluded from the law are the recidivists, habitual delinquents, escapees and persons charged with heinous crimes.

"They cannot get good conduct because of the gravity of the crimes they have committed."

He explained that it does not matter if a person convicted of heinous crimes reformed while in prison, or asked and have been forgiven by the aggrieved family.

"They are still not qualified because we believe that the gravity of the offense requires that they stay in jail," he stressed.

But Faeldon, during the Senate justice and Blue Ribbon committees hearing maintained that the bureau has never changed the way the law was implemented since the release of its implementing rules and regulations (IRR) in 2014. 

The lawmaker said Faeldon only stopped the process of Sanchez's release because of public outcry.

"In other words, if he was just left on that and nobody complained, the public did not complain against this release, Sanchez would have already been out by now," he said.

A total of 1,914 prisoners convicted of heinous crimes have been granted early release since 2014 under the GCTA law, BuCor data showed. Under the Revised Penal Code, any release order granted cannot be revoked.