Question & AnswerQ&A (DOJ DEPARTMENT CIRCULAR NO. 037)
The DOJ Department Circular No. 037 revokes Former Acting Secretary Devanadera's 2nd Indorsement in its entirety, reinstating the original provisions of Sections 6(b), 7(a), and 7(b) of Chapter 3, Part II of the Bureau of Corrections Operating Manual prior to the issuance of the 2nd Indorsement.
According to the original provision reinstated by the revocation, a prisoner must have served imprisonment with good conduct for a period equivalent to one-fifth (1/5) of the maximum term of his prison sentence, or seven (7) years in the case of a life sentence, to be classified as a colonist.
The Circular revoked the amendment that reduced the minimum years served for life-sentenced inmates from seven (7) years to five (5) years for eligibility as colonists, restoring the original seven-year requirement.
A colonist is entitled to: (a) credit of an additional Good Conduct Time Allowance (GCTA) of five (5) days for each calendar month aside from the regular GCTA under Article 97 of the Revised Penal Code; (b) automatic reduction of a life sentence to a sentence of thirty (30) years; and (c) other privileges as specified in the BuCor Operating Manual.
Because the amendments granted privileges beyond those provided by substantive laws, such as the Revised Penal Code, thus violating the legal principle that implementing rules and regulations cannot alter the substance of a law or extend beyond its provisions, as established in People v. Lim.
The principle affirmed in People v. Lim, where implementing rules and regulations cannot alter the substance of a law or go beyond its provisions.
The automatic reduction changes the life sentence imposed on the colonist to a sentence of thirty (30) years.
The Director of the Bureau of Corrections may classify an inmate as a colonist upon the recommendation of the Classification Board.
It aligns more consistently with the corrective goal of the penal system by setting an appropriate minimum qualification period before granting colonist status.
The revocation took effect after the lapse of fifteen (15) days following the publication of the Department Circular in a newspaper of general circulation.