Convicts at the New Bilibid Prison have questioned before the Supreme Court the legality and constitutionality of several provisions of the revised implementing rules and regulations of Republic Act 10592, the law that freed on good behavior almost 2,000 inmates convicted of heinous crimes.
In a petition, eight NBP inmates led by Russel Fuensalida urged the Court to declare as illegal and unconstitutional pertinent provisions of the IRR that disqualified inmates convicted of heinous crimes from earning time allowances for good conduct, study, teaching and mentoring, and loyalty for “going beyond the law and for being tantamount to executive legislation.”
The inmates named Justice Secretary Menardo Guevarra, Interior Secretary Eduardo Año, new Bureau of Corrections chief Gerald Bantag, and Bureau of Jail Management and Penology chief Allan Iral as respondents.
The petitioners through lawyers argued that the revised IRR of RA 10592, signed on Sept. 16, after a 10-day review by the Department of Justice and the Department of the Interior and Local Government, was issued with grave abuse of discretion.
The new IRR explicitly excludes recidivists, habitual delinquents, escapees, and those charged with heinous crimes from earning any kind of time allowance.
The petitioners also seek the nullification of the provision that a disqualified person deprived of liberty who was imprisoned before RA 10592 took effect in 2013 should be entitled to time allowances they had already accrued under the Revised Penal Code.
RA 10592 amended provisions of the decades-old Revised Penal Code on time allowances and credit for preventive imprisonment.
The petitioners argued that the prohibition on disqualified inmates who were placed behind bars after 2013 from earning any kind of time allowance or CPI also goes beyond the law, constitutes executive legislation, and violates the equal protection clause under the Constitution.
The DOJ and DILG reviewed the IRR adopted during the Aquino administration after the public outcry over the early release of convicts who were found guilty of heinous crimes and the possible release of convicted rapist and murderer Antonio Sanchez, a former mayor.
Anger over revelations that almost 2,000 prisoners convicted of heinous crimes had already been freed prompted the government to suspend the Good Conduct Time Allowance processing for thousands of inmates pending a review of the IRR.
“Regrettably, all these public outrage and media attention have contributed to the actions undertaken by herein respondents,” the petitioners said.
“Ultimately, herein petitioners and those who are similarly situated are the ones who are suffering and are continuing to suffer. Unless these issues befitting our country are clarified by judicial pronouncement of no less than the Supreme Court, they shall continue to suffer from it,” the inmates said.
Guevarra on Monday welcomed the legal challenge.
“All I can say is that I’ve eagerly awaited the filing of this petition. Considering that some important provisions of Republic Act 10592 have been interpreted differently by various groups, I have as much interest as anyone in knowing the correct legal interpretation. Only the Supreme Court has the final word on the issue,” Guevarra said, in a text message.
“I want an affirmation by the SC that my reading of the law was correct. And if it was wrong, I want to take corrective measures,” he added.