G.R. No. 212719
INMATES OF THE NEW BILIBID PRISON, MUNTINLUPA CITY, NAMELY: VENANCIO A. ROXAS, SATURNINO V. PARAS, EDGARDO G. MANUEL, HERMINILDO V. CRUZ, ALLAN F. TEJADA, ROBERTO C. MARQUEZ, JULITO P. MONDEJAR, ARMANDO M. CABUANG, JONATHAN O. CRISANTO, EDGAR ECHENIQUE, JANMARK SARACHO, JOSENEL ALVARAN, AND CRISENCIO NERI, JR., PETITIONERS,
v.
SECRETARY LEILA M. DE LIMA, DEPARTMENT OF JUSTICE; AND
SECRETARY MANUEL A. ROXAS II, DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT,
RESPONDENTS.
[G.R. No. 214637]
REYNALDO D. EDAGO, PETER R. TORIDA, JIMMY E. ACLAO, WILFREDO V. OMERES, PASCUA B.
GALLADAN, VICTOR M. MACOY, JR., EDWIN C. TRABUNCON, WILFREDO A. PATERNO,
FEDERICO ELLIOT, AND ROMEO R. MACOLBAS, PETITIONERS, v. SECRETARY LEILA M. DE LIMA,
DEPARTMENT OF JUSTICE; SECRETARY MANUEL A. ROXAS II, DEPARTMENT OF THE INTERIOR
AND LOCAL GOVERNMENT; ACTING DIRECTOR FRANKLIN JESUS B. BUCAYU, BUREAU OF
CORRECTIONS; AND JAIL CHIEF SUPERINTENDENT DIONY DACANAY MAMARIL, BUREAU OF
JAIL MANAGEMENT AND PENOLOGY, RESPONDENTS.
FACTS:
1. SECTION 4 Rule 1 of the Implementing Rules and Regulations (IRR) provides that the grant of good conduct time allowance under Republic Act No. 10592 shall be prospective in application.
2. 29 May 2013, Presidente Benigno Aquino III signed R.A. No. 10592 into law which provides for the deduction of the period of preventive imprisonment from the actual term of imprisonment of offenders or accused with respect to good conduct time allowance, subject to exceptions. (recidivist or convicted twice or thrice of any crime; and failed to surrender voluntarily upon summon for the execution of their sentence)
3. Pursuant to the amendatory law, an IRR was jointly issued by respondents Department of Justice (DOJ) Secretary Leila M. De Lima and Department of the Interior and Local Government (DILG) Secretary Manuel A. Roxas II on March 26, 2014 and became effective on April 18, 2014. Petitioners and intervenors assail the validity of its Section 4, Rule 1 that directs the prospective application of the grant of good conduct time allowance (GCTA), time allowance for study, teaching and mentoring (TASTM), and special time allowance for loyalty (STAL) mainly on the ground that it violates Article 22 of the RPC which provides that penal laws shall have retroactive effect insofar as it favors the accused.
4. G.R. No 212719 petitioners, thru Atty. Evangelista, contend:
- R.A. No. 10592 provisions are penal in nature and beneficial to inmates, thus should have retroactive effect as per Art. 22
- these are just matters of records and the creation of the Management, Screening and Evaluation Committee (MSEC)should not override the constitutional guarantee of the rights to liberty and due process of law aside from the principle that penal laws beneficial to the accused are given retroactive effect.
In addition to this, Atty. Rene Saguisag filed a petition in intervention that there was nowhere in the legislative history of R.A. No. 10592 that it intends to be prospective in character. FLAG also petitioned for the said section to be void for being repugnant to the equal protection clause.
Petitioners wanted to declare Sec. 4, Rule 1, of the IRR of R.A. 10592 void and illegal for being contrary and anathema to R.A. 10592.
a. R.A. 10592 does not state that its provisions shall have prospective application.
b. Section 4 of the IRR of R.A. 10592 is contrary to Article 22 of the Revised Penal Code providing that penal laws that are beneficial to the accused shall have retroactive
application.
c. Section 4, Rule I of the IRR contravenes public policy and the intent of Congress
when it enacted R.A. 10592.
And be declared unconstitutional:
a. Section 4, Rule I of the IRR violates the Equal Protection Clause of the Constitution.
b. Section 4, Rule I of the IRR violates substantive due process.
ISSUE:
W/N Section 4, Rule 1 of the Implementing Rules and Regulations (IRR) of Republic Act (R.A.) No. 10592 be declared invalid and unconstitutional.
RULING:
YES. Section 4, Rule 1 of the Implementing Rules and Regulations (IRR) of Republic Act (R.A.) No. 10592 is invalid insofar as it provides for the prospective application of the grant of good conduct time allowance, time allowance for study, teaching and mentoring, and special time allowance for loyalty. The Director-General of the Bureau of Corrections and the Chief of the Bureau of Jail Management and Penology are REQUIRED to RE-COMPUTE with reasonable dispatch the time allowances due to petitioners and all those who are similarly situated and, thereafter, to CAUSE their immediate release from imprisonment in case of full service of sentence, unless they are being confined thereat for any other lawful cause.
This Decision is IMMEDIATELY EXECUTORY.
SO ORDERED.
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