Palace washes hands of Jalosjos

Chief Presidential Legal Adviser Sergio Apostol said yesterday Malacañang is leaving the fate of convicted child rapist and former Zamboanga del Norte Congressman Romeo Jalosjos to the Department of Justice (DOJ).

The DOJ was dragged into the picture when it stopped the release of Jalosjos last Sunday at dawn.

But Jalosjos, who claimed the other day that he is already a free man, has threatened to file appropriate charges at the lower court if he is not released.

“I am ready to contest them (DOJ) and defend the computation of the Bureau of Corrections (BuCor). The BuCor order must be respected,” he said.

Meanwhile, former BuCor Director Vicente Vinarao yesterday said that it is his successor who should be questioned by the DOJ concerning the release order issued to Jalosjos shortly after midnight Sunday.

Although he admitted that he recommended to the DOJ that Jalosjos be freed, Vinarao said the present BuCor chief should be the one to face DOJ Secretary Raul Gonzalez.

The former police general said his computation showed that Jalosjos should be released from prison effective December 16, 2007.

“It was June 21, 2006 when I sent the DOJ secretary a letter stating that Mr. Jalosjos is eligible for release. It was accompanied with my computation of the sentence that has been served by the former congressman. However, his office did not act on it,” Vinarao, who is now seven months retired from office, said in a radio interview.

He added that the BuCor reiterated the said recommendation last December 7, 2007, but again there was reportedly no response from the DOJ.

“Here comes December 16 and the prison officials have no choice but to release Jalosjos, otherwise they will be charged with arbitrary detention.”

Vinarao stressed that “there was nothing irregular with the release of Jalosjos given the paper signed by the concerned prison official.” He said the release did not mean special treatment for Jalosjos.   

He explained that the “good conduct time allowance” and the “penal colonist status” obtained by Jalosjos were the reasons the sentence was substantially reduced, thereby making him a free man effective Dec. 16, 2007.

If a prisoner shows good behavior during the period of evaluation, he or she is given what is called good conduct time allowance of 15 days. This means his sentence is reduced by 15 days.

A colonist status, on the other hand, is obtained if an inmate also showed good behavior while inside prison or if he has not violated any rule or regulation inside. This meant reduction of an additional five days to what has remained of Jalosjos’ sentence. The NBP Classification Board approved this last March 13, 2007.

In a separate interview with The STAR, Vinarao said Republic Act 1533, a law crafted during the Spanish time, and Article 97 of the Penal Code were used as the basis of the good conduct time allowance applied to inmates. Article 28 of the Penal Code, meanwhile, refers to how the reduction of an inmate’s sentence is computed.

Meanwhile, BuCor director Dapat is still unavailable for comment.

Prior to his reported “release,” Jalosjos was a “living-out prisoner,” which gave him the privilege to go out of his detention cell every now and then, but must remain within the NBP premises.  

Jalosjos claimed in an interview Monday that he is now a free man, having been issued a “Certificate of Discharge from Prison” dated Dec. 16, 2007 and signed by National Bilibid Prisons (NBP) Superintendent Juanito Leopando.

He said he just showed up again inside the NBP compound after prison officials called him up to give way to the request of the DOJ for a review of his sentence.    

Jalosjos said he might file an appropriate case at the lower court if nothing happens. “I am ready to contest them (DOJ) and defend the computation of the Bureau of Corrections. The BuCor order should be respected,” he said. – Rhodina Villanueva