The deportation of six convicted Chinese and Taiwanese drug lords, released by the Bureau of Corrections in June 2019 due to good conduct time allowance (GCTA), will most likely not push through.
This was after Senators Francis Tolentino and Panfilo Lacson pointed out Tuesday that they were released during the election period—March 14 to June 12, 2019— a violation of the Omnibus Election Code and other related laws.
“Yesterday, Senator Lacson provided this committee a copy of a Corrections Order issued April 8, 2019 relative to the release of Mr. Chen Chang dated April 8, 2019. Alam naman po natin na ‘yung petsang ‘yun eh panahon ng kampanya, panahon po ng election,” Tolentino told the Senate Blue Ribbon and Justice committees.
Bureau of Corrections director general Nicanor Faeldon admitted that he was not aware that it is illegal to release prisoners during the election period.
Tolentino then asked Justice Secretary Menardo Guevarra if he is correct to think that even if the GCTA law provides that the time allowance granted can no longer be revoked, the release is in violation of existing law and therefore void.
Guevarra replied: “If it’s against the law, it is void.”
Faeldon said thousands were released during that period.
“It is a day to day releases, your honor, my assumption right now is marami po sila (na-release) including non-heinous crime offenders. So it might be thousands, your honor,” he said.
Bureau of Immigration Commissioner Jaime Morente said the convicted Chinese drug lords were turned over to them on June 19.
“It appears that they are covered by election ban, they were released before June 12,” he said.
He was referring to Ching Che, Chan Chit Yue, Wu Hing Sum, Kin San Ho and who were released on June 4 while Ho Wai Pang was discharged from prison on June 6.
He said Chen is still in the custody of their Davao office.
Lacson asked Guevarra if the convicted drug lords can be returned to Bilibid.
“Mr. Secretary, puwede na nating ibalik sa Muntinlupa kasi void ang kanilang release. Kailangan pa bang pumunta sa court or we just apply the Omnibus Election Code because regardless of the provision na ‘yung grant of allowances shall not be revoked pero kung ilegal naman ang pagka-release,” he said.
“Para lang hindi matuloy ang deportation, of course naka hold sila sa deportation, it may be a better idea if they will be turned over back to NBP,” he added.
The Justice secretary agreed calling it a “very positive suggestion.”
“For all intents and purposes they are still in custody but if the preference is for them to be brought back to the national penitentiary, I think that can be very seriously considered,” he added. — RSJ, GMA News
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