OPINION Gcta Abscbn

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students.

The media successfully prodded public sentiments--the


OPINION: A criminologist's view on the Department of Justice Secretary and the Bureau of Corrections
Good Conduct Time Allowance law Director backtracked, and they now promised to meticulously review
Ellen T. Tordesillas the case. However, the backlash is so powerful that the law is now
Posted at Aug 26 2019 12:25 PM
being questioned as being soft on crime, and even if not the media's
intention, it has led to the calls for the re-imposition of the death
I will still have to give credit to justice reporters for alerting the penalty.
public about the possible release of the notorious former mayor of
Calauan, Laguna, Antonio L. Sanchez, which brought back the “Media's sensationalism was abetted by bureaucratic ineptitude.
horror and rage over the heinous crime he and his men committed to Secretary Guevarra, Director Faeldon and Spokesperson Panelo
two UPLB students 24 years ago. provided inaccurate and stupid answers. They were baited by the
media, and they messed up bigtime. If they know the law and its
The outrage forced Justice Secretary Menardo Guevarra to backtrack implementing rules and regulations , they should have mentioned
from his lenient attitude towards Sanchez’s release, which could that the awarding of the Good Conduct Time Allowance (GCTA),
have been made possible by an erroneous application of the Good Time Allowance for Studying, Teaching and Mentoring (TASTM),
Conduct Time Allowance (GCTA) law. and Special Time Allowance for Loyalty (STAL) can be suspended
if inmates are engaged in bad behaviors, such as drug dealing,
The controversy has imperiled a measure meant to make up for the sneaking of contrabands, and participating in prison violence. They
flaws in our justice system. could have mentioned that ‘heinous crimes’ may not be covered by
the law. They could have mentioned that there are sufficient legal
Raymund Narag, assistant professor at Southern Illinois University, and procedural remedies to make sure that the law will not be abused
posted an illuminating piece on the issue in Facebook.  by the rich and powerful, such as the creation of the Management
Screening and Evaluation Committee (MSEC), which is composed
He knows whereof he speaks. He said, since 2013, “I had been
of BJMP/ BuCor rehabilitation officers and Parole and Probation
painstakingly and silently helping the correctional agencies on the
Officers, who will evaluate the monthly awarding of the GCTA.
proper implementation, documentation, and computation of the
They could have mentioned the different ways to document actual
GCTA law.”
behaviors such as strengthening case management through
I’m reposting in full his commentary titled “Media sensationalism, computerization of the Carpeta System. They could have assured the
bureaucratic ineptitude, and the quest for justice for the common public that they are on top of the implementation of the law in an
tao”:  efficient and equitable manner. 

“The Good Conduct Time Allowance (GCTA) law is now in “They should have immediately and unequivocally ruled that Mayor
jeopardy. The media continues to sensationalize the issue by Sanchez and those druglords who testified against Senator Delima
repeatedly tying it to the supposed impending release of Mayor are denied GCTA credits due to documented involvement in the drug
Antonio Sanchez. The media masterfully stroked public fears by trade.
repeatedly revisiting the gruesome rape and murder of two pitiful UP
“Instead, these bureaucrats mumbled incoherent opinions that shows “What is missing in all the discussions is the efforts of nameless
ignorance of the law. In different accounts, they said that this law offenders given long term sentences and defendants caught in the
was passed by the previous administration and that they are simply lengthy trial processes who are simply trying to reform themselves
implementing its provisions, thus lamely deflecting blame. They also and to improve their chances upon release by utilizing the provisions
incorrectly argued that the law ‘automatically’ benefits everyone of the law. The efforts of the rank and file in the BJMP, provincial
without consideration of the gravity of the offense and their actual jails, and BuCor to develop and implement the principles of effective
performance in jail or prison, suggesting that it is not their correctional management by identifying the criminogenic risks of the
discretionary power to release or detain, a very meek excuse on how offenders and addressing those risks, which is congruent to the
they will professionally exercise authority. Worse, they utilize a rational of the GCTA law, will soon be thrown under the bus.”
humanitarian narrative, that this law is for a ‘second chance’ for all
offenders, which is a very hypocritical stance given the current “Media sensationalism and inept bureaucrats are a lethal combination
administration's bent of putting small-time drug offenders behind that disadvantages the common tao. It is time that responsible media
bars and killing those who resist arrests. All the legal gobbledygook practitioners and enlightened bureaucrats shine light in the Philippine
spinned by these inept bureaucrats had become cannon fodder to the society.”
devourous media which had utilized effectively these responses to  
mock the spirit and letter of the law. And now that they are cornered,  ***
they immediately changed tune, and are rediscovering the correct
answers. Media should now take the responsibility of undoing the confusion
its reporting has caused and help in making the public understand
“In the end, it is the common tao who will be at the disadvantage. this law.
Instead of focusing on how the law will be implemented efficiently
and equitably, the media has been enamored by gruesome examples,
and this law will be soon scrapped or will have limited application.
The jail and prison officials will be very afraid to exercise their
professional discretion to release a reformed offender simply because
of the horrendous backlash that they will face from the unenlightened
media and the public

"The issue has become a politically confusing mess: the media


sensationalism ignited concerns that heinous criminals will soon be
out there tormenting the Philippine society, thus even erstwhile
liberals (those who oppose the death penalty) are unexpectedly
calling for a more hardened approach to crime. On the other hand,
these sentiments are now appropriated by conservatives to justify
calls for the continued use of Extra-Judicial Killings and the legal re-
imposition of the death penalty. This penal populism is wrecking
both sides of the political spectrum.

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