Diokno resigns

MANILA, Philippines - Saying public interest should always prevail over friendship, President Aquino announced yesterday his acceptance of the resignation of Bureau of Corrections (BuCor) Director Ernesto Diokno after the latter failed to give him a satisfactory explanation for irregularities in the New Bilibid Prisons (NBP).

Aquino said Diokno tendered his irrevocable resignation during their meeting at Malacañang before 2 p.m., and he thanked Diokno for his “service and delicadeza.”

The President told reporters at a hurriedly arranged press briefing at the New Executive Building that he already had a person in mind to replace Diokno.

He said criticisms that he was soft on his friends in government were baseless as he and Diokno had been through a lot, especially during the times when his mother, Corazon Aquino, was fighting for democracy and Diokno was still a police officer.

“His decision to step down from his position will pave the way for the immediate implementation of reforms that we want to undertake in the system of corrections, many of which he (Diokno) had already stated,” Aquino said.

“Public service depends largely on the people’s trust and that is why anyone who serves in government has the freedom to weigh whether he is able to fulfill his sworn duties. I praise Mr. Diokno for making a decision on the dictates of his conscience,” Aquino said.

“Our policy is clear. Only the interest of the people shall guide us in our decisions and not association or friendship,” Aquino stressed.

The President said that from the beginning, his government has maintained that the duty of all public servants is to selflessly serve the Filipino people.

Aquino said he has repeatedly pointed out the immense responsibilities that go with public service and that the NBP incident should serve as a lesson on how to improve the penal system in the country.

The President said Diokno was not able to explain why he was not able to stop the irregularities in the NBP.

The irregularities came to light after homicide convict and former Batangas governor Jose Antonio Leviste was found to have left the NBP compound reportedly for an appointment with a dentist in Makati City.

Diokno had admitted knowledge of Leviste’s prison privileges but had reportedly only warned him of sanctions.

The President said any administrative case against Diokno had become moot and academic with his resignation.

Aquino disclosed he and Diokno talked for about 20 minutes yesterday.

He said he liked it that Diokno was not “thick skinned” or “kapit tuko” and that he might consider him in another position, but not in the near future and not in the “same situation.”

Aquino said Diokno was no longer a “spring chicken” and was actually in retirement stage.

The President said the former BuCor director did not say sorry but his resignation could be the “best form of apology.”

“I felt his pain. He told me it had been a tough job,” Aquino said.

“This administration has always stressed integrity among public servants, and everyone accountable for the breach in BuCor will be determined and meted the proper disciplinary action,” presidential spokesman Edwin Lacierda said.

“The proposed reforms in our country’s prison system, which the President recently asked from various concerned government agencies, will be making their way to his office,” Lacierda said, referring to possible relocation of the prison facility from Muntinlupa City.

DOJ report

The Department of Justice (DOJ) said Diokno is administratively liable for Leviste’s unauthorized trip.

In its 36-page report to President Aquino, the DOJ fact-finding panel also recommended criminal and administrative actions against Leviste’s custodian Fortunato Justo for infidelity in custody of a prisoner.

The DOJ submitted the report to the President a few hours before Diokno’s resignation.

Justice Secretary Leila de Lima said Diokno’s decision to quit was a “graceful exit” and the “most honorable, selfless way to address the issue.”

Volunteers Against Crime and Corruption (VACC) founding chairman Dante Jimenez, meanwhile, asked the DOJ to look deeper into the case, possibly into the possible liability of former BuCor director Oscar Calderon.

“Although an expanded probe of the anomalies at BuCor and NBP would open up the flood gates, but at least we can find out the truth. We have to determine those responsible for these irregularities,” Jimenez said.

The DOJ sought explanation from Calderon for Leviste’s “sleep out” status during his watch, but he was not able to attend the fact-finding hearings last week as he was reportedly out of the country. With such privilege, Leviste was allowed to stay in a private hut within the NBP compound.

Justice Undersecretary Francisco Baraan III, who supervised the probe, said the DOJ did not include Calderon in its 36-page report to the President since the former BuCor chief did not participate in the investigation.

“It would be unfair to include him (Calderon) in the investigation because he did not attend the hearing and it was focused on the Leviste incident only,” Baraan explained.

Diokno had denied liability for the incident and instead pointed to NBP superintendent Ramon Reyes.

He also explained that the 71-year-old convict was already enjoying privileges when he assumed his post in October last year.

Reyes told The STAR he was saddened by Diokno’s decision to quit.

“It’s painful because he is my friend and he has introduced reforms [in the penitentiary] but what can we do? Such incidents really do happen,” Reyes said.

It was found during the probe that Calderon approved living out privileges for Leviste after the latter became a minimum-security prisoner on July 2, 2010.

A Makati City court convicted Leviste of homicide for killing a close aide at his LPL building in January 2007, and sentenced him to six years to 12 years in prison. He was moved to the NBP on Jan. 26, 2009.

The former Batangas governor was later assigned to NBP’s agro section upon the request of its chief Wilson Marquez, so he could assist in the propagation of seedlings for forest trees.

He was given sleep out privileges under the custodial responsibility of prison guard Justo by then-NBP Superintendent Armando Miranda.

The DOJ earlier filed charges of evasion of service of sentence against Leviste and his driver Nilo Solis before the Makati City metropolitan trial court.

“I am deeply committed to reform the BuCor. I plan to create a technical working group that would dig deeper and review and study rules and processes there – especially now that several issues on food budget, bidding and escape of inmates like Frank Chua have come out in the open,” De Lima stressed. She was referring to the Taiwanese drug convict who was able to escape from the NBP. – Delon Porcalla, Aie Balagtas See