A Muntinlupa City regional trial court (RTC) has ordered the release of Juanito T. Itaas, a member of a sparrow unit of the New People’s Army (NPA), who was convicted in the 1989 killing of United States Army Col. James Rowe.

In a 28-page decision dated last Nov. 8, RTC Judge Gener M. Gito granted the petition for a writ of habeas corpus filed by Jarel M. Itaas who sought the release of his convicted father, Juanito, from the New Bilibid Prison (NBP) in Muntinlupa City.

Juanito was arrested on Aug. 27, 1989. He was convicted in 1991 for the killing of Rowe and the attempted killing of Rowe’s driver Joaquin Binuya while on their way to the Joint US Military Advisory Group (JUSMAG) in Quezon City. Rowe was then the deputy commander of JUSMAG.

The Judge noted that the petition assailed the provision of the 2019 amended implementing rules and regulation (IRR) of Republic Act No. 10592, the Good Conduct Time Allowance (GCTA) Law, for excluding those convicted of heinous crimes from getting GCTA that would reduce their jail term.

In his decision, the judge ruled that “Mr. Itaas is entitled to be credited the equivalent days of the GCTAs earned by him.”

Judge Gito said:

“Mr. Itaas was sentenced to suffer penalty of reclusion perpetua for the killing of Col. Rowe and imprisonment for ten (10) years and one (1) day of prision mayor as minimum to seventeen (17) years, four (4) months and one (1) day of reclusion temporal as maximum for the crime of frustrated murder against Binuya.

“Under the two (2) convictions, Mr. Itaas has to serve a total of thirty-nine (39) years and six (6) months imprisonment. Considering that he has already served thirty-two (32) years, one (1) month and twelve (12) days and applying GCTAs he has already earned, which is ten thousand seven hundred fifty-eight (10,758) days or twenty-nine (29) years, five (5) months and twenty-three (23) days, Mr. Itaas is deemed to have already served his sentence for his two convictions.”

The judge ruled that Section 2, Rule IV of the 2019 amended IRR as ultra vires (beyond one’s authority) because it “goes beyond what the law provides” and “exceeds the law that it seeks to implement.”

The IRR cited that those who are not entitled to any GCTA are recidivists, habitual delinquents, escapees and persons deprived of liberty (PDLs) convicted of heinous crimes.

However, Judge Gito pointed out that the provision of the IRR is based on Section 1 of RA 10592 which amended Article 29 of the Revised Penal Code that provides that credit for “preventive imprisonment will be deducted for the penalty of reclusion perpetua” but “recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of this Act. “

“It is, however, the view of the Court that the phrase ‘provided, finally, that recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of this Act,’ cannot be used as justification for the expansion of the exceptions from the benefits provided by R.A. 10592. This phrase properly pertains only to those accused covered by Article 29 of the RPC – those who are undergoing preventive imprisonment,” he explained.

Persons undergoing preventive imprisonment are those who have been detained while awaiting final judgment of their cases in courts.

“WHEREFORE, premises considered, the Petition for the Privilege of the Writ of Habeas Corpus is GRANTED. The Respondents are hereby ORDERED to release JUANITO T. ITAAS. Section 2, Rule IV of the 2019 Amended Implementing Rules and Regulation of Republic Act No. 10592 is DECLARED INVALID for being ULTRA VIRES,” Judge Gito ruled.