"The DOJ, in enacting its 2019 IRR, exceeded its power of subordinate legislation when it excluded persons convicted of heinous crimes from the benefits of RA No. 10592. x x x Thus, the 2019 IRR expanded the scope of R.A. No. 10592 when it excluded recidivists, habitual delinquents, escapees, and persons deprived of liberty convicted of heinous crimes from earning GCTA credits when the law itself did not do so."
-SC
In G.R. No. 249027 and G.R. No. 249155 (Guinto et al., v. Department of Justice; Inmates of New Bilibid Prison, et al. v. Department of Justice), the Supreme Court En Banc, through Associate Justice Maria Filomena D. Singh, found that the Department of Justice (DOJ), in enacting its 2019 Implementing Rules and Regulations (2019 IRR), exceeded its power of subordinate legislation when it excluded persons convicted of heinous crimes from the benefits of Republic Act (RA) No. 10592, or the New Good Conduct Time Allowance (GCTA) law.
In finding the assailed provisions of the 2019 IRR invalid, the En Banc held that when R.A. No. 10592 amended Article 97 of the Revised Penal Code (RPC), it used the connecting conjunction “or” to express that (1) “any offender qualified for credit imprisonment pursuant to Article 29 of the RPC,” and in the alternative (2) “any convicted prisoner in any penal institution, rehabilitation, or detention center in any other local jail” may avail of the benefits granted by R.A. No. 10592.
Thus, the 2019 IRR expanded the scope of R.A. No. 10592 when it excluded recidivists, habitual delinquents, escapees, and persons deprived of liberty convicted of heinous crimes from earning GCTA credits when the law itself did not do so.
The Court ruled that Article 97 of the RPC, as amended by R.A. No. 10592, is clear that any convicted prisoner is entitled to GCTA as long as the prisoner is in any penal institution, rehabilitation or detention center, or any other local jail.
The Supreme Court Public Information Office will upload a copy of G.R. Nos. 249027 and 249155 (Guinto, et al. v. DOJ; Inmates of New Bilibid Prison, et al. v. DOJ) once it receives the same from the Office of the Clerk of Court En Banc. (Courtesy of the Supreme Court Public Information Office)
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Excellent ..Thank you so much for sharing .