Fernandez said that even before the DOJ panel, headed by Senior State Prosecutor Emmanuel Velasco, came out with its findings, he has already relieved the BI jail personnel concerned.
He said jail guards Carlos Garcia, Antonio Tantay and Ray Abrau have been suspended since January after the DOJ and National Bureau of Investigation agents conducted a surprise inspection at the BI Detention Center in Camp Bagong Diwa, Taguig City.
"We will still act accordingly based on the findings and recommendations of the DOJ," Fernandez said.
The guards were accused of allegedly helping Chinese nationals Tan Ty Siao and Go Siak Ping and Sri-Lankan Keerthi Jayamaha escape from the detention center on Dec. 20, 2005.
Keerthi has been tagged as a "principal player" in the questionable deportation of 35-year-old Chinese national Zhang Du in May last year.
Zhang is one of the suspects in the kidnapping of Jackie Rowena Tiu in 2001.
Velasco, along with State Prosecutors Peter Ong and Olivia Non, had recommended that Garcia, Tantay, Abrau, as well as Lacman Sulay and Arsenio Samson, be placed under preventive suspension after an investigation showed there was probable cause that they helped the prisoners escape.
The respondents allegedly conspired to make it appear that Samson and Sulay reported for work last Dec. 19.
For the offense, it was recommended that criminal and administrative charges be filed against them.
Additional criminal charges of infidelity in the custody of prisoners, conniving with or consenting to evasion, obstruction of apprehension and prosecution of criminal offenders, graft and corruption were recommended against guards Garcia, Tantay and Abrau.
They were also slapped with administrative charges for dishonesty and grave misconduct for allegedly conspiring in the escape of the three detainees. Evelyn Macairan