MANILA, Philippines - The Court of Appeals (CA) has affirmed an earlier ruling of a Muntinlupa City court ordering the release of murder convict Rolito Go from the New Bilibid Prison (NBP).
In a 12-page decision released last week, the appellate court’s 11th Division dismissed the appeal of the Bureau of Corrections (BuCor) to stop Go’s release from the NBP maximum security compound for lack of jurisdiction.
The CA upheld the decision of the Muntinlupa City Regional Trial Court (RTC), which granted the petition for habeas corpus filed by Go and his wife Elsa on Jan. 30, 2014.
The CA ruled that only the Supreme Court (SC) has the authority to review the RTC’s findings.
“The petition for review on certiorari under Rule 45 of the Rules of Court should have been filed with the SC,” read the ruling penned by Associate Justice Pedro Corales.
Associate Justices Sesinado Villon and Rodil Zalameda concurred with the ruling.
In dismissing BuCor’s plea, the CA explained that it has no jurisdiction to review the RTC’s interpretation of Section 7, Chapter 3 of the BuCor’s manual.
The CA said there was no need to evaluate the evidence on record to determine the authority of the BuCor to commute an inmate’s sentence.
In April 2014, the RTC issued the release order after granting Go’s petition for habeas corpus on the ground that he has served his full sentence.
However, his release is still being held due to BuCor’s refusal to recognize his privileges under the BuCor rules.
As an inmate with “colonist status,” Go said he is entitled to automatic reduction of his sentence.
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 BuCor insisted that his sentence would expire on Jan. 31, 2022 as his reclassification as colonist did not commute his sentence to 30 years.
Go has reportedly been brought several times to the hospital due to stage-four colon cancer.
He 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.