By Hannah Torregoza
The Senate committee on justice and human rights has recommended the imprisonment and perpetual disqualification from public office of former Bureau of Corrections (BuCor) chief Nicanor Faeldon over his involvement in the Good Conduct Time Allowance (GCTA) controversy.
Senate of the Philippines (MANILA BULLETIN FILE PHOTO)
Sen. Richard Gordon, chair of the Senate panel, said the committee found Faeldon guilty of malfeasance, misfeasance, and nonfeasance for not following the proper procedures in the release of persons deprived of liberty (PDLs) who are supposed to be qualified under the GCTA law.
President Duterte fired Faeldon in September last year after the latter approved the release of several prisoners convicted of heinous crimes, including former Calauan City mayor Antonio Sanchez, who was convicted for the murder and rape of two University of the Philippines (UP) Los Baños students.
Gordon said Faeldon feigned ignorance about Department Order No. 953 issued by the Department of Justice (DOJ), which requires him to seek the approval of the justice secretary before releasing prisoners or inmates sentenced to life imprisonment or reclusion perpetua, or high-risk inmates.
The senator also said Faeldon did not exercise due diligence in the implementation of Republic Act (RA) No. 10592 or the law that expanded the provisions of the GCTA, which allows the early release of convicts.
“Knowing that the DOJ has administrative supervision over BuCor and considering the gravity of the crimes of former Mayor Sanchez, Faeldon should have consulted with the Secretary of Justice regarding this,” Gordon said in Senate Committee Report No. 36.
“His failure to consult the Secretary of Justice is gross inexcusable negligence on his part and shows how he did not exercise due diligence.”
According to Gordon, the ex-BuCor chief violated Section 3 of the Anti-Graft and Corrupt Practices Act (RA 3019), and should, therefore, be barred from holding any position in government.
Gordon’s panel also recommended the confiscation or forfeiture in favor of the government of any prohibited interest and unexplained wealth manifestly out of proportion to his salary and other lawful income.
He said that based on the Senate’s probe, Sanchez’s family were confident he would be entitled to the GCTA and be able to walk free as they already had plans to take him to eat at his favorite Japanese restaurant in Makati and to visit an eye clinic for his cataract problem.
“Based on the statements and the tone of the children…it seems clear that there was an agreement between Faeldon and the family of former Mayor Sanchez,” he said.
Other recommendations
The panel also recommended the dismissal from service and imprisonment of Ramoncito Roque, BuCor chief of documents and record section; Benilda “Mabel” Bansil, BuCor senior inspector; and Veronica “Boday” Buno, BuCor corrections officer, for direct bribery, saying they were found guilty of accepting money for the promise of early release of prisoners.
The panel also recommended the dismissal from service of three New Bilibid Prison Hospital (NBPH) hospital personnel who were part of the ‘hospital pass for sale’ scheme, namely Dr. Ernesto Tamayo, head of the directorate for health services; Dr. Ursicio Cenas, medical officer; and Meryl Benitez, a nurse.
The three NBPH personnel, Gordon said, were found guilty of accepting money from high-profile inmates confined inside NBPH.
Gordon said the DOJ must conduct a thorough investigation of the confinement at the NBPH and other hospitals of drug convicts and high-profile inmates, and institute guidelines to ensure that only prisoners who are actually sick are confined in hospitals.
“The BuCor, alas, is manned by rotten apples and corrupt officials. It is rotten to the core and from top to bottom. If we are to improve its functions, if we are to have the Bureau regain the trust of our people, no less than a massive change in personnel and in character is required,” Gordon said.
“Mere lancing of the boil will not be sufficient; putrefaction in that agency is so far advanced, only a total replacement of the whole bureaucracy will allow us to see a new, honest, sincere, serious, and effective agency.”
Seventeen senators, including Gordon, signed the committee report. Seven of them signified their plans to interpellate once it is reported in the plenary.