The Philippine National Police (PNP) is planning to form field tracker teams to re-arrest the almost 2,000 convicted criminals who were released through anomalous implementation of the Good Conduct Time Allowance (GCTA) law.
PNP chief Gen. Oscar Albayalde said the plan is just a pro-active measure in case the government decided to take back the decision that granted the freedom of the convicted criminals, including at least seven foreign drug lords who were already freed.
“The PNP is ready to field tracker teams to assist the Bureau of Corrections in accounting for national prisoners released thru GCTA if it will be necessary to recall these convicts,” said Albayalde.
But this early, there are already some lawyers questioning the legality of any decision to recall the freedom given to convicts using the GCTA.
Criminal Law Professor and former Supreme Court spokesman Theodore Te, for instance, was quoted saying that putting all those freed back to jail is a violation of the Revised Penal Code and the Constitution.
Te added that erroneous implementation of the GCTA does not justify the re-arrest of those already freed.
But Albayalde appeared to back the interpretation of Malacanang, particularly that of Presidential spokesman Salvador Panelo, on the re-arrest of freed convicts.
In fact, Albayalde argued that those freed can be re-arrested without arrest warrant.
“These persons were convicted by the court to serve prison sentence for their crime,” said Albayalde.
“Should there be any nullification or invalidation of their early release from prison, these convicts will be treated as fugitives from justice, thus warrantless arrest is applicable,” he added.
Right now, Albayalde said they are closely monitoring the developments on the GCTA controversy, bannered by Bureau of Corrections chief Nicanor Faeldon who reportedly signed the release papers of Calauan, Laguna Mayor Antonio Sanchez.
The GCTA Law controversy cropped up after it was disclosed that Sanchez was included in the list of those who would be freed.
Sanchez was convicted of seven life terms for the rape-slay of University of the Philippines Los Banos student Eileen Sarmenta, and the murder of his friend Allan Gomez.
Sarmenta was given as a gift to Sanchez when the then Calauan mayor took interest on her after she interviewed him for a campus paper. Sarmenta was also raped by Sanchez’s men before she was killed.
Sanchez’s inclusion was questioned since aside from the provision of the GCTA Law that prevents the inclusion of inmates convicted of heinous crime, he also yielded illegal drugs at least twice while in detention, including a late quantity of shabu which he reportedly hid inside a small statue of Virgin Mary.
“We are closely monitoring developments on this matter and will be guided accordingly by orders and issuances from higher authorities,” said Albayalde.
The Senate held an investigation in connection with Sanchez’s supposed release and the GCTA on Monday.
“Admittedly, we are deeply concerned over the release of convicts especially those convicted of heinous crime such as rape, murder, and drug trafficking,” said Albayalde. (Aaron Recuenco)
