Law Summary
Reinstatement of Previous Provisions Prior to 2nd Indorsement
- Section 6(b) reverted to providing that an inmate qualifies as a colonist if he has served imprisonment with good conduct for one-fifth (1/5) of the maximum term or seven (7) years in the case of a life sentence.
- Section 7 privileges of colonists were restored to include:
- Additional GCTA credit of five (5) days per calendar month aside from regular GCTA under Article 97 of the Revised Penal Code.
- Automatic reduction of a life sentence to a term of thirty (30) years.
- Other privileges not specified in amendment.
Legal Basis for Revocation
- The amendments under the 2nd Indorsement were found to violate the legal principle that implementing rules and regulations cannot alter substantive law or extend beyond its provisions (citing People v. Lim, 108 Phil. 1091).
- Amendments to Section 7(a) and 7(b) granted privileges exceeding those provided by substantive laws, including the Revised Penal Code.
Policy Consideration for Rescinding Minimum Service Requirement
- The earlier seven-year requirement for minimum imprisonment with good conduct before classification as colonist was retained.
- This aligns better with the rehabilitative and corrective goals of the penal system.
Effectivity and Distribution of the Revocation
- The revocation takes effect fifteen (15) days after publication in a newspaper of general circulation.
- Copies to be sent to the Office of the President through the Executive Secretary and to the University of the Philippines Law Center.
Authority and Adoption
- Circular was adopted by Justice Secretary Leila M. de Lima on August 9, 2011, with approval from President Benigno S. Aquino III.
- Formal revocation applies to the BuCor Operating Manual provisions concerning colonists' classification and privileges.