Revocation of Amendments to BuCor Manual

The Circular revokes in its entirety a former Acting Secretary Devenadera’s 2nd Indorsement dated 5 November 2009 addressed to the Director, Bureau of Corrections (BuCor).
The revocation applies to amendments made by that 2nd Indorsement to Sections 6(b), 7(a), and 7(b) of Chapter 3, Part II of the BuCor Operating Manual.
The Circular provides that the revocation has the effect of re-instating the BuCor Manual provisions to their previous formulation prior to the 2nd Indorsement.

The Circular cites the legal principle that implementing rules and regulations cannot alter the substance of a law or go beyond its provisions, referencing People v. Lim, 108 Phil. 1091.
The Circular states that the amendments carried out under the 2nd Indorsement violated the above principle by granting privileges beyond substantive laws, including the Revised Penal Code.
The Circular states that policy considerations also support revoking the amendment to Section 6(b), to keep the original qualification standard for colonist status at seven (7) years.

The Circular directly addresses the BuCor Manual’s Chapter 3, Part II provisions on colonist classification and privileges.
The Circular’s revocation covers Section 6(b), Section 7(a), and Section 7(b) of Chapter 3, Part II of the BuCor Operating Manual.
The Circular’s operative effect is the return of those provisions to their prior formulation.

The reinstated rule provides that colonist status depends on the inmate having served imprisonment with good conduct for a period equivalent to one-fifth (1/5) of the maximum term of the prison sentence.
The reinstated rule provides that, in the case of a life sentence, the qualification period is seven (7) years.
The revocation restores Section 6(b) to the pre-2nd-indorsement formulation that retained the seven-year requirement for life sentences.

The reinstated rule provides that a colonist has a credit of an additional GCTA of five (5) days for each calendar month while retaining colonist classification.
The reinstated credit is in addition to the regular GCTA authorized under Article 97 of the Revised Penal Code.
The reinstated rule reverses the prior increased credit formulation reflected in the revoked amendments.

The reinstated rule provides automatic reduction of the life sentence imposed on the colonist to a sentence of thirty (30) years.
The revocation restores the BuCor Manual’s prior life-to-thirty-years reduction provision under Section 7(b).

The Circular directs that copies of the resolution be sent to the Office of the President through the Executive Secretary.
The Circular directs that copies of the resolution be sent to the University of the Philippines Law Center.
The Circular orders that the revocation and resulting changes to the BuCor Manual take effect after the required fifteen (15)-day post-publication period.

The Circular states that amendments under the revoked 2nd Indorsement violated the principle in People v. Lim, 108 Phil. 1091 because implementing regulations cannot go beyond substantive laws.
The Circular states that the changes to Section 7(a) and Section 7(b) resulted in the grant of privileges beyond what substantive laws, including the Revised Penal Code, provide.
The Circular states that the amendment to Section 6(b) is revoked for policy reasons to align with the corrective goal of the penal system by keeping the minimum qualification for colonist status at seven (7) years.