Amend GCTA

There is a reason for everything. The release of inmates on account of the flawed Good Conduct Time Allowance (GCTA) under Republic Act No. 10592 is a blessing in disguise as it opens the law into scrutiny and impending amendment.

Senate Bill No. 1003 passed by Senator Christopher “Bong” Go seeks to correct the flaws inflicted by the GCTA which paved the way for the erroneous release of some 1,700 inmates which included hardened criminals convicted for heinous crimes. The same law almost freed convicted Calauan Mayor Antonio Sanchez.

Go’s bill seeks to amend the Revised Penal Code that had been previously modified by RA No. 10592. Firstly, the bill according to the neophyte lawmaker hopes to resolve the concerns regarding the application of the GCTA benefits by refocusing the intent and policy of the law by excluding recidivists, habitual delinquents, escapees, and prisoners who were convicted of heinous crimes from the application of GCTA benefits.

As to the ambiguity in the application of the law, Go wants to have a clear enumeration of the law which naturally excludes heinous crimes. The measure also provides that any release of prisoners on the basis of time allowances be subject to the review of DOJ and that the Bureau of Corrections be required to submit to Congress its report twice a year. The Bureau of Corrections will also be required to publish the list of all prisoners who are released on the basis of the grant of time allowances.

Law-making, being a dynamic process, must take into account the transitions of political, economic and societal landscapes in the country. Our lawmakers over the years have failed to deliver on this front. The overzealous law-making has led to “several statutes that with the advent of time have become obsolete, redundant or repetitive”.

There are lessons learned from the GCTA provision of the Revised Penal Code and the only remedy is to amend the law at the earliest opportunity.

Ambiguitas verborum patens nulla verificatione excluditur (A patent ambiguity is never helped by averment).

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