‘GCTA implementing rules can stand scrutiny’
Credit to Author: Philippines News Agency| Date: Sun, 05 Jan 2020 17:03:52 +0000
Justice Secretary Menardo Guevarra on Sunday expressed optimism that the new implementing rules and regulations (IRR) of Republic Act (RA) 10592 on expanding the Good Conduct Time Allowance (GCTA) will hurdle future legal challenges.
Guevarra issued the statement after the Supreme Court dismissed a petition filed by former Calauan, Laguna mayor Antonio Sanchez and other inmates challenging the constitutionality of the revised IRR of the GCTA.
“Sanchez’s petition was dismissed on procedural grounds. I’m confident that, if refiled, the same will be dismissed for lack of merit,” Guevarra said in a text message.
“I prefer that the dismissal be on the merits. Sanchez has lawyers and they know what to do. The Department of Justice is ready to meet the legal challenge anytime,” he added.
In its resolution on December 3, the court en banc turned down Sanchez’s petition for his failure to pay the required docket fees and to comply with other procedural requirements.
Last year, Malacañang said questions on the legality of the possible release of Sanchez should be addressed to Congress.
Sanchez was sentenced to seven counts of reclusion perpetua (up to 40 years imprisonment) for the rape and murder of University of the Philippines Los Baños student Eileen Sarmenta and the murder of her companion, Allan Gomez in 1993.
The new IRR was signed in September last year amid concerns that unqualified persons deprived of liberty (PDLs) were benefiting from the provisions of RA 10592.
The law amended the provisions of the Revised Penal Code that would allow the much earlier release of PDLs.
Sanchez and other inmates sought the nullification of the revised IRR, which disqualify recidivists, habitual delinquents, escapees and those convicted with heinous crimes from benefiting from the GCTA.
PNA