BUREAU of Corrections (BuCor) Director General Nicanor Faeldon admitted Monday, September 2, that he signed a release order for former Calauan mayor Antonio Sanchez, but insisted that he “stopped the process” for his release.
Faeldon made the admission after repeatedly denying during the Senate committee on justice and human rights hearing Monday that he signed a release order.
He insisted that what he signed was a memorandum to start the process of Sanchez’s release.
When presented by Senator Panfilo Lacson with a copy of the release order for Sanchez which bore his signature, Faeldon still insisted that it was a memorandum greenlighting the start of the release process.
Lacson, however, pointed out that the fourth paragraph of the memorandum dated August 20, 2019 gave the directive to submit a report on the compliance of the order.
Pressed by Lacson on whether he would still insist that the document was not a release order, Faeldon relented and said he did sign a release order, but that he recalled it.
“That release order was recalled by me,” he said. Committee chairman Senator Richard Gordon had him repeat the statement.
Faeldon said he signed the document but insisted that it was not the release order because the final release order, he said, would be issued by the superintendent.
He insisted that the release process for Sanchez was not completed.
Sanchez, who was convicted for the rape and murder of Mary Eileen Sarmenta and the killing of Allan Gomez, would have been among the estimated 11,000 persons deprived of liberty (PDL) who are said to have qualified for a reduced prison term based on good conduct time allowance (GCTA).
The GCTA system allows a PDL, including those convicted of heinous crimes based on the existing implementing rules, to apply for a reduction of his prison term on good conduct.
Good conduct, based on the implementing rules, means participation in any of six programs and not violating any of the 45 offenses listed, Faeldon said.
Faeldon said the recommendation to release Sanchez and several others reached his office on July 20, 2019.
He said he had reservations about releasing Sanchez and that he had been discussing with the BuCor legal office on how to legally stop the former mayor’s release from jail.
But he said he was advised that a case would not be filed against him if he releases Sanchez because there is legal basis for this. But if he holds Sanchez and other PDLs, a case would be filed against him.
Reports on the impending release of Sanchez sparked public outrage.
Gordon questioned the GCTA granted to the former mayor, considering that he was reported to have committed several violations in prison, including not wearing a PDL’s uniform.
While already in jail in 2006, Sanchez was charged with illegal possession of illegal drugs after the recovery of suspected methamphetamine hydrochloride (shabu) and marijuana in his detention cell. The case was dismissed in 2011 on a technicality.
In 2010, P1.5 million worth of illegal drugs were discovered underneath a Virgin Mary statue displayed in his cell.
In 2015, authorities also seized a flat screen television, an air-conditioner and a refrigerator in his detention cell.
Sanchez was convicted in 1995 of seven counts of rape and two counts of murder for the rape-slay of Sarmenta and the killing of Gomez in 1993. Sarmenta was allegedly “given as a gift” to Sanchez, according to court records.
Senate Minority Leader Franklin Drilon pointed out that under Department Order 953 issued on November 25, 2015 by the Department of Justice, Sanchez and other prisoners sentenced to life imprisonment or reclusion perpetua could not be released without the approval of the Secretary of Justice.
Justice Secretary Menardo Guevarra said his approval was not sought for Sanchez’s release.
“Since I assumed the position in April last year (2018), I recall having received only a few (applications for release) but not in connection with GCTA but in connection with STAL, or Special Time Allowance for Loyalty,” Guevarra told the Senate.
He said he received requests for approval of the release of PDLs who were granted STAL during Supertyphoon Yolanda and a fire in a Leyte jail.
“Other than those two requests, I don’t remember any request for approval specifically for persons convicted of heinous crime,” he said. (MVI/SunStar Philippines)