HABEAS CORPUS DENIED
Back to Muntinlupa for Jalosjos
By Leila Salaverria
Philippine Daily Inquirer
First Posted 02:09:00 01/04/2008
IT'S BACK to Muntinlupa for convicted child rapist Romeo Jalosjos after the Zamboanga City Regional Trial Court junked his habeas corpus petition Thursday, prompting Justice Secretary Raul Gonzalez to order the inmate's return to the New Bilibid Prison.
Gonzalez said his order for Jalosjos' return to the NBP would take effect once he receives the copy of the RTC decision.
He said the transfer would be implemented even if Jalosjos filed a motion for reconsideration.
After the transfer, it would depend on the Bureau of Corrections (BuCor) director, Oscar Calderon, to decide if he wants to transfer Jalosjos, a former congressman of Zamboanga del Norte, to a new detention center.
"I want him to be brought to the Bilibid," Gonzalez said.
RTC Judge Jesus Carbon said the Department of Justice's computation of Jalosjos' release date should prevail over that of the BuCor director, and thus ruled that the convict was being lawfully detained at the San Ramon Penal Farm despite his claim that he had a Dec. 16 order authorizing his release.
Jalosjos walked out of the NBP on Dec. 22 and flew to Dapitan, where he was arrested and subsequently detained at the San Ramon Penal Farm, about 30 km from Zamboanga City. Carbon earlier barred prison officials from transferring Jalosjos to the NBP while his habeas corpus petition was pending.
Disapproved
In his decision, Carbon said the Dec. 16, 2007, release date of Jalosjos as computed by the BuCor, under its former director Vicente Vinarao, was not final because the justice secretary had the power to annul or revise the computation.
The DOJ issued a Jan. 1, 2008, resolution placing Jalosjos' release date at June 24, 2010, following the President's commutation of his sentence. It disapproved two years and six months' worth of good conduct time allowance granted to him by Vinarao.
Carbon said the final expiration of Jalosjos' commuted sentence would be determined by the justice secretary as the alter ego of the President.
"The court cannot in a habeas corpus proceeding substitute its judgment for that of the secretary of justice on the matter of the definite expiration of sentence of an inmate in a penal institution such as the New Bilibid Prison," the judge said.
Jalosjos was convicted in 1997 of raping an 11-year-old girl and was given two life terms. President Macapagal-Arroyo commuted his sentence to 16 years last April.
Motion for reconsideration
Ricardo Cabaron, a prosecutor in Western Mindanao, said Jalosjos' lawyers and government lawyers representing prison officials were present at the hearing in Zamboanga City that ended after 5 p.m.
"We lost the case," said Alfredo Jimenez, Jalosjos' lawyer.
Jimenez said it was apparent that Carbon had failed to consider the pieces of evidence the defense had presented.
But he said it was also "difficult to fight the alter ego of the President," referring to the justice secretary.
Jimenez said the defense was planning to file a motion for reconsideration.
Minimum security prisoner
Once Jalosjos is brought to the NBP, he will maintain his status as a minimum security prisoner, according to Gonzalez.
But the justice secretary said security measures would be implemented to prevent a repeat of his escape.
A minimum security prisoner can roam around the NBP compound and is not placed under heavy guard.
But Gonzalez said he was thinking of canceling Jalosjos' living out privileges in light of his escape.
Preventive suspension
Jalosjos' caper has so far cost three officials their jobs. Former BuCor Director Ricardo Dapat, who had succeeded Vinarao, was replaced by Calderon after Jalosjos walked out of the NBP.
NBP Supt. Juanito Leopando and the BuCor administrative division chief, Teodora Diaz, have been placed under preventive suspension after the DOJ learned that Jalosjos was able to obtain a copy of the Dec. 16 release order that was not authorized by the department.
The DOJ, in its Jan. 1 resolution, also said BuCor officials deceived Malacañang. It noted that the officials did not inform the Palace of the good conduct time allowances granted to Jalosjos when it asked for the data before its commutation of the convict's sentence last year.
With a report from Julie Alipala, Inquirer Mindanao
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