Heinous crimes-convicted individuals still entitled to GCTA — SC
MANILA, Philippines — Individuals who are found guilty of heinous crimes are still entitled to the Good Conduct Time Allowance, the Supreme Court (SC) said on Wednesday evening.
In a press release, the SC said that the Department of Justice (DOJ) overstepped its authority in subordinate legislation by excluding individuals convicted of heinous crimes from the advantages of Republic Act No. 10592, also known as the new GCTA law.
Citing Article 97 of the Revised Penal Code, the high court said that any convicted prisoner is entitled to GCTA as long as the prisoner is in any “penal institution, rehabilitation or detention center or any other local jail."
In 2019, the law's implementing rules and regulations (IRR) broadened its application by excluding recidivists, habitual delinquents, escapees and individuals deprived of liberty and convicted of heinous crimes from accruing GCTA credits.
However, the SC said that the law on GCTA does not mention such exclusion.
Under this law, qualified inmates can avail of GCTA as a reward for good behavior, allowing the reduction of their prison sentence.
The following offenses are defined as heinous crime under the Republic Act No. 7659 or the "death penalty law":
- Treason
- Piracy in general and mutiny on the high seas in Philippine waters
- Qualified piracy
- Qualified bribery
- Parricide
- Murder
- Infanticide
- Kidnapping and serious illegal detention
- Robbery with violence against or intimidation of persons
- Destructive arson
- Rape
- Importation, distribution, manufacturing and possession of illegal drug
In June 2019, the SC ruled that the GCTA law can be retroactively applied, following the doctrine in criminal law that states, "penal laws, when favorable and advantageous to the accused, should be applied retroactively."
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