DILG welcomes suit challenging revised GCTA rules

DILG spokesperson Undersecretary Jonathan Malaya said the DILG together with the Department of Justice (DOJ) has worked hard to promulgate the new IRR in order to clarify the ambiguous provisions of the law that have led to past abuse in its implementation. (File Photo: Jonathan Malaya/Facebook)

MANILA — The Department of the Interior and Local Government (DILG) on Tuesday welcomed the petition filed before the Supreme Court questioning the validity of the new Implementing Rules and Regulations (IRR) of the Good Conduct Time Allowance (GCTA) Act.

DILG spokesperson Undersecretary Jonathan Malaya said the DILG together with the Department of Justice (DOJ) has worked hard to promulgate the new IRR in order to clarify the ambiguous provisions of the law that have led to past abuse in its implementation.

“The revised IRR addresses the many inadequacies of the old IRR that were abused and taken advantage of by corrupt correctional officials. We will be working closely with our statutory counsel, the Office of the Solicitor General, and the DOJ in vigorously defending the new IRR before the Supreme Court. While we are confident of our legal position, the final arbiter will be the highest court of the land whose decision we shall honor and respect,” Malaya said in a statement sent to reporters on Tuesday.

He said the law gave the DOJ and the DILG the authority and the responsibility to craft the IRR. Part of the technical working group that crafted the IRR are officers of the Bureau of Corrections (BuCor) and the Bureau of Jail Management and Penology (BJMP) who have the necessary experience and technical expertise on this matter.

Malaya said the new IRR is one crucial step in the reform of the BuCor.

A petition before the SC has been filed by lawyers representing inmates from the New Bilibid Prison (NBP) and asked the high court to stop the BuCor and the BJMP to refrain from retroactively applying the exclusions introduced under Section 1 of the Expanded GCTA law.

The petitioners told the high court that said provisions are “disadvantageous to any prisoners.”

The expanded GCTA law has increased the reward of time that is deducted off a person deprived of liberty (PDLs) prison term. The petitioners said “it becomes clear that the deprivation of application of greater GCTA and consequent prolongation of imprisonment of herein petitioners and those in similar situation constitute violation of their substantive rights.”

They said that the public outrage about the supposed “erroneous” application of GCTA led the DOJ and DILG to revise the IRR.

“Ultimately, herein petitioners and those who are similarly situated are the ones who are suffering and are continuing to suffer. Unless these issues befitting our country are clarified by judicial pronouncement of no less than the Supreme Court, they shall continue to suffer from it,” the petition read.