Legal research

GCTA

Is the order of arrest by the president valid for those who are allowed to enjoy the benefit of the
GCTA?

No, the order of arrest by the president is NOT valid for those who are allowed to enjoy the
benefit of the GCTA.

 However, we should consider the wisdom behind the order of arrest, to verify if they are
to be benefitted from the GCTA
 We should also consider that the president is the commander-in-chief ordering the arrest
 we should also consider that there are lapses:
“Section 1 of Article 29 on Preventive Detention as amended under RA
10592 under says that recidivists, habitual delinquents, escapees, and persons
charged with heinous crimes are excluded from the coverage of this Act while
Section 3 of Article 97 also says that the good conduct of any offender qualified
for credit for preventive imprisonment pursuant to Article 29 of this Code . . .
shall entitle him to the following deductions from the period of his sentence, and
so forth”
The order of the arrest may be qualified, however, there is no basis in law for the arrest of those
who should be enjoying the GCTA:
Guevarra said that once released, Sanchez and those similarly eligible for
release under the law can no longer be returned to jail; release is “irrevocable.”
So, he advised interested parties to closely monitor the BuCor processing of the
releases of their prisoner-of-interest. How will they know which cases are being
processed, and what the procedure is? Will data and records on these prisoners be
shared? Well, Guevarra said, to share the data might be a violation of the
prisoners’ “privacy.” Because of the 11,000 possible cases, the case of Sanchez is
still queued for review by BuCor. Apparently, they have a quaint, inscrutable
system.