THREE persons convicted in the Chiong rape-slay case will not be released yet, as government has suspended the implementation of the good conduct time allowance (GCTA) law for 10 days pending its review.
Besides, the authenticity of the alleged release orders for Rowen Adlawan, Alberto Caño and Ariel Balansag is still being verified by Bureau of Corrections (BuCor) Director Nicanor Faeldon, Justice Secretary Menardo Guevarra said in a text message on Thursday, Aug. 29, 2019.
But despite the decision of the Department of Justice (DOJ) to set them free, Thelma Chiong, the mother of Marijoy and Jacqueline Chiong, pleaded to President Rodrigo Duterte to prevent the release of those responsible for her daughters' abduction and murder.
"President Duterte, naunsa naman ning balaud sa atong nasod kung ang mga convicted criminals palayaon na noon? Mas maka-feel na noon mi ug injustice isip pamilya sa mga biktima," Chiong told SunStar Cebu.
Chiong said the seven men convicted of her daughters' murder, rape and abduction--collectively known as the Chiong 7--cannot avail themselves of the GCTA law, citing a provision in Republic Act (RA) 9346 that abolished the death penalty in 2006.
According to the law, those whose sentences were reduced to life imprisonments are not eligible for parole, she said. Only a presidential pardon can save the Chiong 7 from their sentences, Chiong added.
Chiong also plans to appeal to President Duterte to prevent the release of other prisoners convicted of heinous crimes, based on the GTCA law.
She criticized Faeldon for allegedly signing the release order of Adlawan, Caño and Balansag.
But while Chiong grieves, Caño's sister rejoices at the thought that she will see her brother after so many years behind bars.
In a TV Patrol Central Visayas interview on Aug. 29, Heretrodes Caño-Salvador said she was happy that her brother could benefit from the GCTA and hoped to see him as a free man.
Meanwhile, Faeldon denied reports that he signed release orders for Adlawan, Caño and Balansag.
Guevarra also said he already ordered a review of the GCTA implementing rules and regulations (IRR).
"The DOJ review of the GCTA implementing rules and guidelines will cover all inmates, regardless of the crimes committed or convicted for," Guevarra said.
This was confirmed by Department of the Interior and Local Government Undersecretary Jonathan Malaya in a statement released on Aug. 29.
Under the law, prisoners may apply for the reduction of their sentence based on good conduct.
Also suspended is the processing and computation of time credits and allowances.
“The review of the IRR and the Uniform Guidelines will allow both agencies to determine if the policies currently being implemented are consistent with the intent of the law passed by Congress,” said Malaya. “Hopefully, the joint committee will be able to make the necessary adjustments to the IRR, if needed, so that we do not have to go to Congress or to the Judiciary.”
RA 10592 expanded the application of the GCTA for prisoners even during preventive imprisonment; increased the number of days that may be credited for GCTA; allowed additional deduction of 15 days for each month of study, teaching or mentoring service; and expanded the special time allowance for loyalty and made it applicable even during preventive imprisonment.
The amended GCTA sparked a controversy after public outrage erupted over reports that former Calauan, Laguna mayor Antonio Sanchez would be released based on this law.
Sanchez was convicted of the rape and murder of University of the Philippines student Eileen Sarmenta and the killing of her friend Allan Gomez in 1993.
Adlawan, Caño and Balansag were convicted in the Chiong case on May 5, 1999.
Sisters Marijoy and Jacqueline were kidnapped outside the Ayala Center Cebu mall on the night of July 16, 1997.
Marijoy was found dead two days later. Her body was dumped at the bottom of a ravine in Sitio Tan-awan, Barangay Guadalupe, Carcar City, Cebu. Jacqueline's body has never been found.
Marijoy was 19 and Jacqueline, 21.
Convicted for kidnapping and illegal detention were Francisco Juan “Paco” Larrañaga, Josman Aznar, Adlawan, Caño, Balansag and brothers James Andrew and James Anthony Uy. They were sentenced to two life terms.
The Supreme Court upheld the lower court's ruling and imposed the death penalty on convicts Larrañaga, Aznar, Adlawan, Caño and Balansag on Feb. 3, 2004. The death penalty, however, was abolished in 2006.
Larrañaga, a citizen of Spain, was transferred to a jail in Spain. The rest are held at the New Bilibid Prison.
RA 10592 currently provides that a prisoner with good conduct is entitled to the following deductions from the period of his sentence:
During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good behavior during detention;
During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-three days for each month of good behavior during detention;
During the following years until the 10th year, inclusive of his imprisonment, he shall be allowed a deduction of 25 days for each month of good behavior during detention;
During the 11th and successive years of his imprisonment, he shall be allowed a deduction of 30 days for each month of good behavior during detention; and at any time during the period of imprisonment, he shall be allowed another deduction of 15 days, in addition to numbers one to four hereof, for each month of study, teaching or mentoring service time rendered.
The BuCor director, Bureau of Jail Management and Penology chief, and/or the warden of a provincial, district, municipal or city jail are allowed to grant allowances for good conduct.
"Such allowances once granted shall not be revoked," the law states. (JKV, MVI & TPM of SunStar Philippines)