DOJ to confer with OSG on GCTA law after release of convicted murderer

The Department of Justice (DOJ) is set to confer with the Office of the Solicitor (OSG) on the recent decision of a Muntinlupa City regional trial court (RTC) which ordered the release of the convicted killer of United States Army Col. James Rowe in 1989.

RTC Judge Gener M. Gito ordered the release of Juanito T. Itaas, a member of the sparrow unit of the New People’s Army, who was convicted of murder and frustrated murder, respectively in 1981 killing of Rowe and attempted slaying of Rowe’s driver Joaquin Binuya.

Judge Gito ruled that Itaas was qualified for credits under the law on Good Conduct Time Allowance (GCTA), Republic Act No. 10592. The GCTA credits shorten the jail term of a detained convict.

“We’ll discuss the matter with the OSG when we officially receive a copy of the decision,” Justice Secretary Menardo I. Guevarra said on Monday, Dec. 20.

Meanwhile, the Free Legal Assistance Group (FLAG) hailed the ruling of Judge Gito.

Lawyer Theodore Te of FLAG said:

“His (Judge Gito) decision to grant Mr. Itaas the benefit of the GCTA is founded on both the facts and the law and his ruling declaring as invalid the IRR provisions that made it more difficult for detainees to benefit from the GCTA is consistent with the Constitution and the law.”

RA 10592 was enacted in 2013. It amended the provisions of the Revised Penal Code (RPC) as it allowed earlier release of convicts due to the increase of GCTAs granted to them.

Since then, the law’s implementing rules and regulations have been amended.