QuestionsQuestions (EXECUTIVE ORDER NO. 19)
It revokes the former Acting Secretary Devenadera’s 2nd Indorsement dated 05 November 2009 that amended specific sections (6(b), 7(a), and 7(b)) of the BuCor Operating Manual, and reinstates the provisions to their previous formulation before the indorsement.
The amendments were to Sections 6(b), 7(a), and 7(b) of Chapter 3, Part II of the BuCor Operating Manual.
It reduced the good conduct imprisonment requirement to one-fifth (1/5) of the maximum term of the prison sentence, and specified five (5) years in the case of life sentences and sentences computed as definite forty (40) years (instead of the previous seven-year requirement for life sentences).
It increased the additional GCTA credit to ten (10) days for each calendar month while retaining the colonist classification (aside from the regular GCTA under Article 97 of the Revised Penal Code).
It provided automatic reduction of the life sentence to thirty (30) years for colonists (and/or those whose sentences were computed as definite forty (40) years).
The Director may classify an inmate as a colonist if, among others, the inmate has served imprisonment with good conduct equivalent to one-fifth (1/5) of the maximum term, or seven (7) years in the case of a life sentence.
A colonist is entitled to an additional GCTA credit of five (5) days for each calendar month while he retains that classification, aside from the regular GCTA under Article 97.
Automatic reduction of the life sentence imposed on the colonist to a sentence of thirty (30) years (as stated in the reinstated manual text).
Because it allegedly violates the legal principle that implementing rules and regulations cannot alter the substance of a law or go beyond its provisions, as cited in People v. Lim (108 Phil. 1091).
The principle is that implementing rules/regulations cannot change the substance of a law or exceed what the law provides. The circular applies it to argue that BuCor Manual amendments created privileges beyond what substantive law allows.
It reinstates the provisions to their previous formulation prior to the issuance of the 2nd Indorsement (i.e., the prior version of Sections 6(b), 7(a), and 7(b)).
After the lapse of fifteen (15) days following its publication in a newspaper of general circulation.
It emphasizes that the additional GCTA credit (whether five or ten days per month) is aside from the regular GCTA authorized under Article 97 of the Revised Penal Code.
The Director may classify an inmate as a colonist upon the recommendation of the Classification Board.
The former (post-2nd Indorsement) lowered the minimum good conduct requirement to five years for life sentences, while the revoked version reinstates the seven-year requirement.