Diokno fate hinges on his explanation, says Pres Aquino

PRESIDENT AQUINO said on Sunday that Bureau of Corrections Director Ernesto Diokno risked losing his trust and confidence, and could face sanctions if the BuCor chief failed to fully explain why former Batangas Gov. Antonio Leviste was allowed unauthorized trips outside prison despite being convicted of killing an aide.

Short of saying that Diokno could be dismissed from his job, Mr. Aquino told reporters he was not satisfied with the initial explanation given him by Diokno.

“If his answer is unsatisfactory, there is in his appointment a requirement of trust and confidence. And if this trust and confidence is lost, there is a corresponding action there,” the President said in Filipino.

Mr. Aquino served the warning on the eve of the opening of a formal Department of Justice inquiry into possible administrative liabilities Diokno and other prison officials face in the wake of the Leviste caper.

Speaking to reporters after attending the graduation exercise of the University of the Philippines’ College of Medicine at SMX Convention Center in Pasay City, Mr. Aquino said he hoped the justice department would complete its investigation by Wednesday, or before he leaves on Friday for a two-day state visit to Thailand.

He said he summoned Diokno to a meeting on Thursday and asked him “how this happened.”

“He had some initial answers but I was not happy with them,” the President said.

Chance to explain

Mr. Aquino stressed that the investigation had not been completed and that Diokno—reputedly a close friend of his—would be “given a chance to explain.”

The President said he asked Diokno how it was possible for Leviste to enjoy “living-out” privileges despite being convicted of killing his former aide Rafael de las Alas. Leviste was convicted of homicide in January 2009 and sentenced to a jail term ranging from six to 12 years.

“Normally, a living-out privilege is given if the convict is in the transition period—he is set to return to society because he is about to be pardoned or paroled,” the President said.

He defined “living-out” privilege as “not being in a cell but within the New Bilibid Prison compound.”

“How should we then think that this person who had just entered jail already has this kind of privilege?” Mr. Aquino said.

Always on the ball

Mr. Aquino said he had also ordered the justice department to look into reports that the New Bilibid Prison (NBP) was “300 percent overcongested” and that BuCor personnel were not getting salary increases.

“We need a director of the bureau who is on the ball all the time,” he added.

Asked to comment on claims that he was able to fire former weather bureau chief Frisco Nilo immediately last year (for supposed erroneous weather forecasting), but not Diokno because the latter was his friend, the President denied Nilo was swiftly fired but was given the chance to fix the forecasting system.

Told that the weather bureau was still supposedly unable to report storm developments every hour, as it had promised, Mr. Aquino disagreed, saying he had been able to get weather reports on time.

“I think I would suggest you go to their website. If that’s the case that [reporting is made] every six hours, then there will be some people who will have to explain. And if they don’t explain properly they would be removed,” he said.

Diokno’s memo

Diokno claimed in an interview with the Inquirer yesterday that he was in the course of dismantling the privilege system at the national penitentiary when the Leviste incident happened.

“When I came into office in October, I met with BuCor officials to discuss how to put an end to the system,” he said. “In fact, I issued a memorandum on Dec. 2 where I directed all prison officials to monitor the movements of prisoners with living-out privileges.”

National Bureau of Investigation agents arrested Leviste and his driver Nilo Solis on Wednesday at a building Leviste owns in Makati City. Leviste claimed he was suffering from a toothache, which made him seek treatment outside the NBP reservation.

State prosecutors have charged Leviste with evasion of service of sentence. Solis was indicted as an accomplice.

Diokno said he believed “certain persons” whose shoes he “might have stepped on” could be exploiting the situation. He did not elaborate but indicated the furor over Leviste might have something to do with the reforms he was introducing in the national penitentiary.

He reiterated the living-out privilege Leviste had enjoyed was given to him by his predecessor, Oscar Calderon.

Resource persons

Justice Undersecretary Francisco Baraan III, head of the fact-finding panel, said he would conduct his probe at the BuCor office in Muntinlupa. Leviste, Diokno, and other prison officials and guards have been invited as “resource persons.”

The investigation will be conducted from Monday to Wednesday and the panel’s report will be submitted to Justice Secretary Leila de Lima, “who will inform President Aquino of our recommendations,” Baraan said.

The other panel members are Senior State Prosecutors Susan Dacanay and Ma. Emilia Victorio, NBI Director for Intelligence Services Ruel Lasala, and government lawyers Wilberto Lolitol and Charlene Mae Tapic.

The panel has been ordered to find out, among others, whether prison officials and guards were grossly negligent in their duties or had connived with Leviste to give him VIP treatment.

Baraan said the justice department could sanction or dismiss other BuCor and NBP officials who are civil servants but not Diokno.

“That is not our call,” Baraan said. “He is a presidential appointee. Later on, depending on the outcome of the investigation, we can recommend (sanctions) to the President.” With a report from Jerome Aning