Any law student knows this: Convicts released through GCTA can’t be arrested – Rodriguez
All convicts released under the Good Conduct Time Allowance (GCTA), including those who committed horrible crimes, cannot be brought back to prison.
This was revealed by Cagayan de Oro Rep. Rufus Rodriguez, an abogado, who said the best thing the government could do was stop the release of more ineligible convicts under GCTA.
“The law is very clear. Once you have granted it it cannot be revoked. What will be your basis to arrest them? Who will be the judge who will issue a warrant of arrest when there is no new case? It cannot be done,” said Rodrigue in an interview with CNN’s Ina Andolong.
“Any law student will know you cannot make an arrest on a wrongful appreciation of the law. Wala ng bawian. The effect is effective once you have released a person,” said Rodriguez.
Rodriguez said the government could only charge with criminal and administrative cases officials from the Bureau of Corrections and other agencies who signed the release of convicts who committee heinous crimes.
Rodriguez said it was obvious that officials who facilitated the illegal GCTA releases were bribed.
“From the fact that since 2013, so many of the prisoners, including heinous
crime offenders, have been released, we have ground to suspect that money changed hands in this particular case,” said Rodriguez.
Rodriguez questioned the lack of transparency in processing GCTA releases. “Why the secrecy? Why not be transparent and upload all applicants so families and the community can comment on applications? Why not release names of convicts who were given pardon and have them published. There is no confidentiality there,” he said.