Miracle G.

Mari

20191291 (1-B)

Good Conduct Time Allowance law (GCTA law)

The Department of Justice (DOJ) and the Department of the Interior and

Local Government (DILG) have revised the Implementing Rules and

Regulations (IRR) of the Good Conduct Time Allowance law (GCTA law).

Responding to public protest over the near release of high-profile convict

Antonio Sanchez. In Republic Act No. 10592, otherwise known as an act

amending Articles 29, 94,97, 98 and 99 of Act no. 3815 authorises the credit

of preventive imprisonment and a revised schedule of good conduct time

allowance in the initial computation should a penalty is handed down. The

section proceeds to enumerate the deductions: 20 days for every month of

good conduct during the first two years of imprisonment, 23 days from the

third year to the fifth year, 25 days from sixth year to the 10th, and 30 days

for each month starting from the 11th year. The time of his services includes

teaching, study or mentoring, additional 15 days off. However, because of

technology right now it could only do easily through a software program. Once

days were encoded with an equation to the system, it is technology that would

virtually process each case and in a hint, it provides the prisoner the exact

date when his penalty would be over.

Under Supreme Court jurisprudence and RA 7659 or the Heinous Crimes

Act, which imposed death penalty on crimes deemed “grievous, odious and

hateful offenses.”Among the crimes listed as heinous under RA 7659 are the

following: Treason, Piracy in general and mutiny on the high seas in Philippine

waters, Qualified piracy, Qualified bribery, Parricide, Murder, Infanticide,

Kidnapping and serious illegal detention, Robbery with violence against or

intimidation of persons, Destructive arson, Rape, Importation, distribution,

manufacturing and possession of illegal drugs.

The new IRR of Republic Act 10592 or the GCTA law now categorically

excludes heinous crime convicts like Sanchez from the benefits of the GCTA

Law, to wit: 1. Recidivists, habitual delinquents, escapees, those charged with

heinous crimes and an accused who, upon being summoned for the execution

of his sentence has failed to surrender voluntarily before a court of law, are

excluded from good conduct time allowance under RA 10592 (Section 2, Rule

IV); 2. Prisoners disqualified under RA 10592, such as heinous crime convicts,

but who were convicted before the law became effective in 2013 shall be

entitled to good conduct time allowance under the Revised Penal Code (2nd

paragraph, Section 1, Rule XIII)3. Prisoners disqualified under RA 10592, such

as heinous crime convicts, and who were convicted after the law became

effective in 2013, shall not be entitled to any type of good conduct time

allowance (3rd paragraph, Section 1, Rule XIII)4. Heinous crimes are the

same heinous crimes defined under Republic Act 7659 or the now-repealed

death penalty law. It is the DOJ's view that RA 7659 was repealed only insofar

as imposing the death penalty, but not the definition of heinous crimes

(Section 1n, Rule II)5. To increase transparency, the Management, Screening

and Evaluation Committee (MSEC) shall publish the list of prisoners who may

be qualified for release on 3 conspicuous places within the jail premises and/or

uploaded in their respective websites subject to the Data Privacy Act (Section

3c, Rule VIII).Good conduct time allowance or GCTA is earned through his

behaviour while serving time in the prison system. It is something that is

immediately reflected on his prison record as a tentative computation on the

timeline of his imprisonment.

If the law would definitely improved morale, promote hope and build

confidence in the true mandate of rehabilitation in correctional

administration. The said law should also prosper in the proper policy in the

internal organization. The law (RA 10592) is a serious correctional provision

because any officer who fails to comply with the application of said law is liable

to be imprisoned (one year imprisonment), a fine of one hundred thousand

(P100, 000.00) and perpetual disqualification to hold public office must be

imposed.

I totally disagree with section 1 of this law which states that the

“preventive imprisonment” or detention as part of the term of an accused in

case he is convicted. The law grants the offender to apply for GCTA and could

be released while undergoing trial if the period of his detention is equal to or

exceeds his expected sentence. The law becomes more generous in the side

of the accused. It should embrace with balance provision. This can be

connected in some speculations that there was an investigation into the

controversy including allegations that GCTA credits are being sold by BuCor

officials to relatives of prisoners and other accusations of corruption against

prison officials. This serious accusation should be handling with an Iron hand.

After the Sanchez issue became sensationalized. The government

stopped the processing of new GCTA applications and which ordered 1,914

heinous crime convicts previously released through the policy to surrender

within 15 days or be treated “like fugitives.”In the latest update there are 612

of these convicts have surrendered and are in BuCor’s custody. But sadly,
there are convicts that were recalled under PRD instruction including senior

citizens. There are also sick and weak inmates that have only short period of

time to spend with their family. If they already paid their wages, why do the

government have to recall those that were not included in the list of recidivists,

habitual delinquents, escapees convicts? The convict that was excluded in the

GCTA that was released should be prioritized to recall, our government should

be firmed with their policies.

What the law is applying right now will not only affect the present

situation of the country, but also lives bigger impact in the future generation.

I am not after of insulting, convicting or humiliating Ex- convicts, even in the

eyes of my 12 year old daughter greatly disapproved recalling inmates that

were senior citizens, weak and sick. The government should firmly investigate

to the list of convicts that should be recall. Even ex-convicts are clothe by our

Constitution, right to live, right to happiness and right to freedom with the

due process of law.

The Bible teaches us that "there is none righteous, no, not one" (Romans

3:10). Verse 23 of the same chapter states, "For all have sinned, and come

short of the glory of God." We must find God's forgiveness if we want to be

saved from the consequences of sin. Someday we will meet the Lord in

judgment. "For we must all appear before the judgment seat of Christ; that

every one may receive the things done in his body, according to that he hath

done, whether it be good or bad" (2 Corinthians 5:10).