Rolito can’t go free just yet – DOJ

MANILA, Philippines - Murder convict Rolito Go cannot leave the New Bilibid Prison (NBP) in Muntinlupa City just yet, despite an order from a regional trial court for his release, Justice Secretary Leila de Lima disclosed yesterday.

De Lima said the release order of the Muntinlupa City regional trial court (RTC) Branch 204 cannot be implemented pending an appeal of the Bureau of Corrections (BuCor) through the Office of the Solicitor General (OSG).

“We maintain our position that we have the right to file a motion for reconsideration. My instruction to both BuCor and OSG is to stand our ground pending resolution of the motion for reconsideration. In the meantime, he (Go) should not be released,” she stressed.

The DOJ chief explained that contrary to the finding of the court, Go has not yet completed his sentence.

De Lima questioned why Go was granted the “colonist status” under BuCor rules and given time deduction allowance on his sentence.

“I’m not recognizing that colonist status of his because what I know is only the President and the secretary of justice are allowed to grant that status,” she stressed.

She said Go received such grant from former BuCor director Oscar Calderon. But under the rules, only the President and justice secretary could issue such grant, which is given in addition to good conduct time allowance.

The RTC issued the release order after granting Co’s petition for habeas corpus on the ground that he has served his full sentence.

Go was convicted for shooting to death De La Salle University graduate Eldon Maguan in a road rage incident in 1991.

The 25-year-old Maguan was driving his car along Wilson Street in Greenhills, San Juan when he had a traffic altercation with Go.

In 1993, the San Juan City RTC found Go guilty of murder and sentenced him to 40 years.

After his conviction, Go escaped from jail and was recaptured in 1996.

In 2011, a television network exposed that Go left the NBP without permission.

A year later, he was reportedly missing again from the state penitentiary and was captured days later. Go claimed he was kidnapped, brought to Batangas and released without paying ransom money.

Go’s lawyer Claire Castro insisted that her client should be released since he had already served his full sentence.

Castro said Go, who was convicted to serve 40 years in prison, has been overstaying in the NBP for almost a year.

“Based on BuCor’s computation, he (Go) was supposed to be released August 2013,” Castro said.

BuCor supervises NBP and six other state penitentiaries in the country. The bureau, meanwhile, is under the Department of Justice.

Castro said they have been asking BuCor to release him for the past few weeks. But the bureau resisted, saying the realease should be reviewed.

Go’s camp filed a petition for habeas corpus before Judge Juanita Guerrero of Muntinlupa RTC Branch 204 to compel NBP to release Go.

Guerrero, in a decision dated April 28, granted Go’s petition.

Yesterday, Castro went to NBP to demand Go’s freedom.

NBP superintendent Fajardo Lansangan said BuCor will not release Go, pending the result of their appeal.

Lansangan said they received Guerrero’s decision on Friday afternoon, and immediately filed an appeal on Monday.

Castro, for her part, said they have yet to receive a copy of BuCor’s appeal. With Aie Balagtas See