JUST how favorable to the criminal is the Good Conduct Time Allowance (GCTA) law?
Very favorable. During the first two years of his incarceration, 20 days for each month of good behavior will be deducted from his jail term. That translates into a total of 480 days (20 x 24 months) deduction from his sentence.
The allowance increases to 23 days per month during years three to five, 25 days per month from the sixth to the 10th year, and 30 days per month from the 11th year onward. In addition, he shall be entitled to an allowance of 15 days for each month of study, teaching and mentoring service.
No wonder thousands of criminals including 1,914 who were convicted of heinous crimes have walked out of jail free since the law took effect in 2013. They did not need any parole or presidential pardon to do that as they were considered to have already served out their jail term even if they had been imprisoned for less than half their sentence.
The Congress that passed the law obviously believed in the reformative rather than the retributive function of modern penology and that society can be better served by hastening the release of a convict instead of keeping him jailed for the period that the judge who heard his case has found appropriate and commensurate to the gravity of his offense.
But the early release is subject to the convict’s maintaining good behavior, it may be argued? But who determines good behavior? What standards and what measurements have been put in place to prevent abuse of discretion and, eventually, corruption? There is none.
Article 99 of the Revised Penal Code, as amended by Republic Act 10592, simply says: “Whenever lawfully justified, the Director of the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the warden of the provincial, district or city jail shall grant allowances for good conduct.” What code of conduct has to be observed to make a grant of allowance for good conduct “lawfully justified”? Who is to judge?
And here’s more from the same amended Article 99: “Such allowance once granted shall not be revoked.” Holy cow, their decision is final and irrevocable?
So what is presidential chief counsel saying about sending the 1,914 heinous crime convicts back to jail?
Wait, why were they released in the first place? The law is very clear: the privileges granted by RA 10592 cannot be availed of by those who are guilty of heinous crimes. Unfortunately, the law does not define what exactly is a heinous crime, leaving its determination solely to the authorized prisons officials.
When you give that much latitude to a government official, you are playing with fire.