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Gcta Law 2019

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THE REVISED implementing rules on the early release of convicts for good

conduct take effect today, Oct. 4.

Justice Secretary Menardo I. Guevarra said the revised implementing rules


and regulations (IRR) of the good conduct time allowance (GCTA) law will
take effect even though there is a pending petition before the Supreme Court
questioning it.

“Yes (it will take effect). The petitioners did not ask for a restraining order,
much less would the Supreme Court consider it at all,” he said in a cellphone
message.

The Department of Justice and the Department of the Interior and Local
Government revised the rules for GCTA, disqualifying recidivists, escapees,
habitual delinquents, and convicts of heinous crimes.

This came following reports that former Calauan mayor Antonio L. Sanchez,
who was convicted of rape and murder in 1995 for the killing of two University
of the Philippines students in 1993, was about to be released early for good
conduct.

President Rodrigo R. Duterte then ordered the surrender of 1,914 convicts of


heinous crimes who had been released through GCTA. He also dismissed
prison chief Nicanor E. Faeldon due to the controversy.

Eight convicts at the national penitentiary in Muntinlupa City asked the


Supreme Court to void some provisions of the IRR, particularly the rules on
the disqualification of recidivists, escapees, habitual delinquents, and convicts
of heinous crimes.

They also asked the court to order prison officials to refrain from applying
retroactively the exclusions and to recompute their time credits. Exclusion
from credit for preventive imprisonment should not be applied retroactively as
well, petitioners claimed.

Chief Justice Lucas P. Bersamin said the court had given the Office of the
Solicitor General, the state counsel, 10 days to comment on the petition. —
Vann Marlo M. Villegas

The new IRR says heinous crime convicts after the law became effective in 2013 shall not be
entitled to any type of good conduct time allowance

MANILA, Philippines – 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 outcry over the near-release of high-profile convict Antonio Sanchez.

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.

Here are the salient amendments in the new IRR:

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)

6. The MSEC shall invite representatives from accredited civil society organizations to
appear as observers during deliberations (Section 4, Rule VIII)

7. To encourage sustained good behavior, the new IRR says accrued time allowances
shall be granted at the end of the prisoners' 2nd year, 5th year, 10th year, 11th year and
every year thereafter (Section 2, Rule IX)

In the new rule, GCTAs accrue monthly to follow the law, but are granted at the end of
the 2nd year, 5th year, 10th year, 11th year, and beyond.

"So therefore if a particular prisoner for example commits an offense, a grave offense,
within a 2-year period, then in the operational guidelines you may have a basis to say
that that particular prisoner, by virtue of his commission of an offense, forfeits the entire
accrued time allowance," Justice Undersecretary Markk Perete said in a news
conference on Friday September 20.

8. The grant of time allowances to a disqualified prisoner, whether under the previous or
present Rules, shall not extinguish criminal liability (Section 1, Rule X)

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