DOJ: Jalosjos can be freed only in 2010

Nearly seven months after its opinion was sought, the Department of Justice (DOJ) has finally come up with a resolution on the commutation of the sentence of child rapist Romeo Jalosjos: he will be eligible for release only in 2010 when he turns 70 years old.

The ruling was issued as the regional trial court in Zamboanga is set to hear Jalosjos’ petition for habeas corpus today.

Jalosjos has insisted that he has been released by officials of the New Bilibid Prisons (NBP) in Muntinlupa.

In a 15-page resolution, the DOJ said the Office of the President (OP) was insufficiently informed on the commutation of sentence of Jalosjos as computed by the Bureau of Corrections (BuCor).

According to Justice Secretary Raul Gonzalez, the BuCor made deductions on Jalosjos’ prison term sentence that were not disclosed to the OP before the commutation was announced by Malacañang.

“The mere fact that it had initially given insufficient information to the (Office of the President) prior to the order of commutation and thereafter made a post-commutation order recomputation of the sentence, thereby further shortening the actual period to be served including other deductions not previously disclosed to the OP,” Gonzalez said.

Gonzalez said the denial of information to the OP surrounding the reduced jail sentence of the former Zamboanga del Norte congressman “constitutes a form of deception to say the least.”

The original computation was made by former BuCor director Vicente Vinarao, who had sought guidance from the DOJ in June last year on whether the computation and credits for good behavior should be applied in the case of Jalosjos. Similar credits have been given to other prisoners for good behavior.

The computation was later adopted by Vinarao’s successor Ricardo Dapat, who said he sought guidance from both the DOJ and the office of Executive Secretary Eduardo Ermita at Malacañang regarding the issue. Dapat claimed he was merely told by Ermita’s office that if it was the BuCor’s computation, there was nothing the OP could do about it.

Dapat was sacked as BuCor director last month following Jalosjos’ flight back to his hometown, against an order of Gonzalez and Malacañang. 

Jalosjos, whose two life sentences were commuted by President Arroyo last June, is 67 years old.

The Board of Pardons and Parole (BPP) had originally recommended the commutation of sentence of Jalosjos from 22 to 27 years. Malacañang, however, commuted the sentence to 16 years last June.

Though Jalosjos is serving two life terms, prison officials explained that for purposes of granting a commutation of sentence, the two life sentences are treated as one penalty.

Jalosjos had already served 13 years, five months and 15 days in prison when the recommendation for his early release was made by the BPP, citing good behavior of the convict.

Jalosjos was convicted in late 1997 by the Makati Regional Trial Court for statutory rape.

In the resolution, the DOJ disapproved BuCor’s grant of additional good conduct time allowance (GCTA) of one year and 24 days as a detention prisoner, as well as the grant of a GCTA of one year, four months and 14 days the former congressman supposedly attained as “colonist status” under the BuCor Operating Manual.

In denying the grant of the additional GCTAs, the DOJ said BuCor presented insufficient factual and legal justifications for granting the sentence deductions for good conduct on Jalosjos.

The DOJ, however, approved the BuCor’s grant of the usual GCTA of two years, nine months and 27 days to Jalosjos under Article 97 of the Revised Penal Code.

In addition, the DOJ also approved the grant of the credit of five years and 19 days on Jalosjos after he agreed voluntarily in writing to abide by the disciplinary rules imposed on convicted prisoners under Article 29 of the Revised Penal Code.

Justice Undersecretary Fidel Exconde explained the resolution of the DOJ stressed the implementation of Memorandum Circular 155 in allowing the release of convicts upon reaching the age of 70.

Exconde pointed out Jalosjos will turn 70 on Nov. 24, 2010.

He added that even if the proper GCTA credits granted to Jalosjos were to be considered, the DOJ’s computation of his reduced sentence shows the former lawmaker is still eligible for release by June 2010.

“This only shows that the release order was void. There was never a release order,” Exconde pointed out.

He said it is possible that BuCor could have deliberately misled President Arroyo when it supplied incomplete information on Jalosjos before the commutation order.

On the other hand, Exconde said the DOJ, through the Office of the Solicitor General, will push to impose additional prison sentence on Jalosjos for the escape last Dec. 22.

Jalosjos walked out of prison and flew to his hometown in Dapitan City, Zamboanga del Norte. He surrendered to the police a few hours later and was recommitted to the San Ramon Penal Colony.

Jalosjos filed a habeas corpus petition before the Zamboanga City Regional Trial Court (RTC) questioning the recommitment order, claiming he was illegally arrested.

The former lawmaker maintained his release was valid and duly authenticated by prison officials.  – Mike Frialde, Roel Pareño