Statement of the Department of the Interior and Local Government
USec. Jonathan E. Malaya
September 5, 2019
In compliance with the directive of the President, DILG Secretary Eduardo M. Año is urging all those who have been convicted of heinous crimes and released because of the Good Conduct Time Allowance to surrender themselves immediately to the nearest police station or directly to the Bureau of Corrections (BuCor). In case the surrender is done to a unit of the Philippine National Police, the unit concerned shall immediately coordinate with the BuCor for the smooth transfer of the custody of the said individual to the BuCor.
After the lapse of the 15-day period, the said individuals shall be the subject of a manhunt by tracking teams of the PNP.
The order to re-arrest is consistent with prevailing jurisprudence, particularly the decision of the Supreme Court in People vs. Tan where it was held that the “prisoner's re-arrest would not place him twice in jeopardy because his re-incarceration is merely a continuation of the penalty that he had not completely served due to the erroneous act of the warden; it is not a new or subsequent conviction. Neither would his re-arrest deprive him of liberty without due process of law, because he was not yet entitled to liberty at the time he was released.”
We support the position of the Department of Justice (DOJ) that their release was prematurely done and was made in violation of existing regulations issued by that Department. Both our agencies are now working overtime through the Joint Review Committee to plug the loopholes in the Implementing Rules and Regulations of RA 10592 and the Uniform Manual on GCTA.
The PNP is now coordinating with BuCor for the list of those covered by the Presidential Directive. The DILG has also requested the DOJ for the issuance of an Immigration Lookout Bulletin Order against the said individuals to prevent them from leaving the country at this time. ###