Ombudsman suspends 27 corrections officials

MANILA, Philippines — The Office of the Ombudsman has ordered the six-month preventive suspension of 27 officials of the Bureau of Corrections (BuCor) as it found the initial evidence against them to be strong in connection with the “questionable” release of 1,914 heinous crime convicts under the Good Conduct Time Allowance (GCTA) law.

“Testimonies of witnesses and the public documents gathered disclosed that respondents, in their respective official capacities, and in the course of the performance of their public functions, allowed the questionable release of prison convicts in violation of the provisions of Republic Act No. 10592 [or] An Act Amending Articles 29, 94, 97, and 99 of (Republic) Act No. 3815 otherwise known as the Revised Penal Code,” the ombudsman’s order read.

The six-page suspension order was dated Sept. 9 and was approved by Ombudsman Samuel Martires on the same day.

The Department of Justice was directed to immediately implement the suspension order and submit a proof of compliance within five days.

“This Office finds that the evidence in the form of testimonies of witnesses and public documents showing the anomalous release of prisoners convicted of heinous crimes/offenses appear to be strong,” the ombudsman added.

It was last week when the ombudsman started its motu propio or self-initiated investigation of the BuCor officials in connection with the release of heinous crime convicts.

The ombudsman said the BuCor officials are being investigated for administrative cases of grave misconduct, gross neglect of duty, conduct prejudicial to the best interest of the service.

The ombudsman said the suspension of the BuCor officials is in order as their “continued stay in office may prejudice the cases filed against them.”

“Noteworthy, respondents presently have custody and control over the documents pertaining to the questionable release of the convicted prisoners,” the ombudsman said.

Ordered suspended for six months without pay include Corrections Technical Service Officer 2 Ramoncito Roque, officier-in-charge of the Inmate Documents and Processing Section; Chief Inspector Benjamin Barrios supervisor of the Board of Discipline, Maximum Security Camp; Chief Supt. Gerardo Padilla, New Bilibid Prison chief; Francisco Abunales, NBP superintendent; and Chief Senior Supt. Celso Bravo, officer-in-charge directorate for security and operations.

Chief Supt. Melencio Faustino, Regional Superintendent of Davao Prison and Penal Farm; Corrections Technical Officer 3 Cherry Caliston, Regional Superintendent of Davao Prison and Penal Farm; Ruelito Pulmano, Liaison Officer of IDPS and Chief Insp. Emerita Aguilar, BuCor Reformation and Rehabilitation Office chief.

Fired corrections chief Nicanor Faeldon and his legal officer at the bureau blamed each other yesterday for the alleged illegal release of hundreds of heinous crime convicts that availed themselves of the 4GCTA law.

Faeldon and Frederic Anthony Santos, chief of the BuCor legal division, pointed at each other as responsible for release of the convicts from the the New Bilibid Prison in Muntinlupa that included high-profile inmates and Chinese drug traffickers.

During the resumption of the Senate Blue Ribbon committee inquiry into the GCTA law or Republic Act 10592, senators found several lapses and possible graft in the BuCor’s release of inmates, including the apparent disregard of the Department of Justice (DOJ)’s Department Order 953; skipping internal screening processes; and misinterpreting the GCTA Law.

Department Order 953, issued by then justice secretary Alfredo Caguioa in 2015, specifically directs the BuCor to clear with the DOJ any release of an inmate convicted of heinous crimes.

Santos testified that he informed Faeldon about DO 953 sometime before the former BuCor chief signed the release orders for rape and murder convict Antonio Sanchez last month. Sanchez’s release was stopped.

“Sir, we told him about that (DO) 953. We told the general (Faeldon) about the policy,” Santos told Sen. Richard Gordon, chairman of the committee.

Santos said when the BuCor received the SC ruling in June on GCTA, the bureau immediately recomputed the sentences of eligible prisoners to have them released as soon as possible lest they be charged with arbitrary detention.

The law allows prisoner sentences to be reduced for possible early release using a formula that tallies good behavior. The SC ruled that it be implemented retroactively.

Faeldon, whom President Duterte fired last week over the controversy, said he was not aware of DO 953, and maintained that he was repeatedly warned by Santos against not complying with the GCTA Law.

“I have never heard him inform me about 953,” Faeldon said, adding if he was really informed he would have complied with the order and sent a list of inmates set for release to the DOJ for approval.

“There was no prior information of this 953 because if that’s true, then every time we make releases, we should have a prepared communication to the Secretary for my signature,” he said.

When Gordon went back to Santos, the latter said he could no longer exactly recall whether he told Faeldon directly or his staff.

Sen. Panfilo Lacson, however,  showed the panel a picture of the release order for Sanchez that Faeldon signed last Aug. 20 that made reference to DO 953.

Faeldon maintained that he agonized before signing the memo to free Sanchez but Santos kept warning him against not complying with the SC ruling. The former BuCor chief said he ordered the recall of the release order just an hour after signing it.

During the hearing, it was also found out that Sanchez’s release apparently was not cleared with the Management Screening and Evaluation Committee (MSEC) of the BuCor.

Senate Minority Leader Franklin Drilon said based on the minutes of the MSEC meetings, there was no mention of Sanchez’s case. The body is supposed to deliberate whether or not a particular convict should be allowed to avail himself of benefits under the GCTA law.

“Just for the record, upon the examination of the Senate staff, none of the minutes submitted by the BuCor would show that Mr. Sanchez went through the MSEC and therefore, we are wondering how he was included (among those to be released),” Drilon said.

Santos said there was no need for the MSEC to review the case as his interpretation was that the SC ruling prevails over such procedures.

Bato’s request

Justice Secretary Menardo Guevarra disclosed yesterday that former BuCor chief and now Sen. Ronald “Bato” dela Rosa in 2018 had asked the Department of Justice (DOJ) to grant him the power to release heinous crime convicts.

Guevarra made the disclosure during the Senate Blue Ribbon committee’s inquiry yesterday.

Guevarra admitted he has not read the letter, but he recently received a memo informing him that Dela Rosa—who served as BuCor chief from April to October last year—wrote to the DOJ on June 4, 2018 asking that the authority to release persons deprived of liberty (PDL) with expired sentences be delegated to him.

“It (memo) made mention of a memorandum dated June 4, 2018 from Usec (Undersecretary) Ronald dela Rosa, director general of BuCor, requesting for the grant of authority to approve or act upon the following request enumerated in Department Order 953,” Guevarra told the inquiry.

Department Order 953, issued by then justice secretary Caguioa, specifically states that any release of inmates convicted of heinous crimes must be first cleared with the DOJ.

Guevarra said Dela Rosa’s letter was not acted upon but he did not say why.

Dela Rosa told reporters that he indeed made the request because “we were the ones being charged criminally by the imates for failure to release them on time” and not the DOJ.

The department order is also key to the Senate investigation as senators found out Faeldon did not inform the DOJ about his move to release former mayor Sanchez, as well as the convicts in the 1997 Chiong sisters murder case.

Gordon warned that Faeldon, Santos and other BuCor officials would likely face charges for graft.

“There is a case to be made about, could be an anti-graft case because by his (Faeldon) actions, he caused damage to the families of the victims,” Gordon told reporters.

Meanwhile, convicted drug traffickers and other high-risk inmates continue to enjoy forbidden perks and run their criminal operations while inside a supposedly well-guarded building at the NBP.

Senators disclosed more anomalies inside the state penitentiary where rich inmates, like drug traffickers, bribe prison guards to be able to continue running their syndicates.

Sen. Christopher Go asked Guevarra, whose department has supervision over the BuCor, to validate reports that some inmates were moved into NBP by faking their illness, and buying the so-called “hospital referral pass” from BuCor employees.

“They (drug traffickers) claim to be ill so they can be admitted to the (NBP) hospital and there the illegal drug trading happens,” Go told the committee.

“It’s not only GCTA that’s for sale, the hospital pass is also for sale at the Bilibid,” he said.

DOJ Undersecretary Deo Marco yesterday said they directed the National Bureau of Investigation to look into the “hospital pass for sale” scam that is allegedly taking place inside BuCor.

The NBI is an attached agency of the justice department.

Senator Lacson bared that authorities in August conducted a raid at NBP Building 14 where at least four mobile phones were recovered. Building 14 is considered to be the most secure facility or more guarded than buildings in the maximum security compound.

Building 14 is not secured by BuCor guards but by members of the Philippine National Police’s Special Action Force, which made senators ask why mobile phones and other banned items could enter the facility.  – With Evelyn Macairan, Ghio Ong