An Appeal from Families of Inmates Behind Bars We, family members of inmates in the New Bilibid Prison (NBP), and in behalf of the family members of inmates in other penal facilities managed by the Bureau of Corrections, Bureau of Jail Management and Penology, and the different Provincial Jails nationwide, appeal to the President of the Republic of the Philippines, and the Secretaries of Justice and the Interior and Local Government, to correct the iniquitous and erroneous interpretation of the formulation of the Implementing Rules and Regulations (IRR) of the Republic Act 10592 or the New Good Conduct Time Allowance (GCTA) Law of 2013. As long suffering family members of the inmates, we had high hopes with the passage of RA 10592. The law clearly intends to reward the good behavior of inmates and encourage them to participate in rehabilitation programs. Specifically, the law grants inmates Good Conduct Time Allowance (GCTA) for non-violation of the prison or jail rules, Time Allowance for Studying, Teaching and Mentoring (TASTM) for participating in rehabilitation programs, and Special Time Allotment for Loyalty (STAL) for exemplary behaviors. The law is envisioned by the lawmakers to be a mechanism for the early release of deserving inmates that will reduce prison and jail overcrowding. It is to our great disappointment that the Implementing Rules and Regulations (IRR) that was formulated by the Department of Justice and Department of the Interior and Local Government failed to see the wisdom of the lawmakers. In fact, they created an Implementing Rules and Regulations that totally invalidated the aims of the legislators. The drafters of the IRR, arbitrarily and without consultation, construed the law to be prospective in application and, thus, declaring that the past good behaviors and participation in rehabilitation programs of the inmates are not to be considered. Section 4 of the IRR states that: “Section 4. Prospective Application. Considering that these Rules provide for new procedures and standards of behavior for the grant of good conduct time allowance (GCTA)… and require the creation of a Management, Screening and Evaluation Committee.., the grant of good conduct time allowance under Republic Act No. 10592 shall be prospective in application. The grant of time allowance of study, teaching and mentoring (TASTM) and of special time allowance for loyalty (STAL) shall also be prospective in application as these privileges are likewise subject to the management, screening and evaluation of the MSEC.” This erroneous interpretation will deny 38,000 inmates from the Bureau of Corrections, 64,000 inmates from the Bureau of Jail Management and Penology, and additional approximate 30,000 inmates from the different provincial jails nationwide to avail of the benefits of this law. In this erroneous interpretation, inmates who had been imprisoned for a long time but with documented proof of good behavior while in jail or prison and proof of active participation in rehabilitation programs will be automatically denied benefits of the law. The law is interpreted as prospective in application simply because a proposed body, the Management, Screening and Evaluation Committee (MSEC) is yet to be created, an arbitrary requirement conjured by the drafters of the IRR, and contrary to the law. We humbly take the position that inmates must be retrospectively granted Good Conduct Time Allowance (GCTA) if there are no recorded proof that they violated prison and jail rules, Time Allowance for Studying, Teaching and Mentoring (TASTM) if they can show proof that they had been actively involved in rehabilitation programs, and Special Time Allotment for Loyalty (STAL) if they can show proof of exemplary behaviors. Disciplinary misconduct and participation of the inmates in study, teaching, and mentoring activities can easily be verified by the existing records in the custodial and rehabilitation offices. This is similar to the current process where inmates apply to the Board of Pardon and Parole for reduction of sentence or early release. In this process, inmates simply have to show proof that they were not engaged in any prison misconduct and were previously active in different rehabilitation programs. A certification from the custodial and rehabilitation officers is deemed acceptable. If the Board of Pardon and Parole can accept these as proofs, which are used for the reduction of inmate sentences, then there is no reason that the past participation of inmates should not be counted toward the grant of GCTA, TASTM and STAL. Inmates should not be denied credits for previous active involvement in GCTA, TASTM and STAL simply because the MSEC did not exist by then. We humbly implore the President and the Secretaries of Justice and Interior and Local Government to correct this iniquitous and erroneous interpretation in the formulation of the IRR. As family members, we will continue to support the rehabilitation of our loved ones inside the prisons and jails. We will continue to be active partners of the penal institutions to augment the meager resources of the government in running a rehabilitative and reintegrative penal system. We strongly feel, however, that the non-inclusion of the inmates’ past good behaviors and participation in rehabilitation programs is a form of grave injustice as it will deny them months and years of reduction of sentences. We pray that this will be acted with justice and compassion.
Posted on: Mon, 07 Apr 2014 03:48:05 +0000
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