Clamor mounts for ouster of BuCor chief

Bureau of Corrections (BuCor) chief Nicanor Faeldon–Inquirer/Grig C. Montegrande

MANILA, Philippines — Calls are mounting for the sacking of Bureau of Corrections (BuCor) chief Nicanor Faeldon, whose actions have come into question after his office permitted the release of nearly 2,000 heinous crime convicts on good behavior, among other contentious decisions.

At least three senators want Faeldon removed from office for “gross incompetence and abuse of authority” following reports that he signed an Aug. 20 order to free convicted rapist-murderer Antonio Sanchez.

Sanchez, former mayor of Calauan town, Laguna province, is serving nine 40-year terms for rape and murder, including seven 40-year terms for the rape and murder of Aileen Sarmenta and the murder of her friend Allan Gomez, both students of the University of the Philippines Los Baños, in 1993.

Reports that he would soon walk free sparked public outcry that forced the Department of Justice and the BuCor to hold the processing of his release on good conduct.

Drug traffickers freed

Faeldon, who was subpoenaed by the Senate justice and human rights committee to appear at its hearing on Monday on Republic Act No. 10592, the good conduct time allowance law, was also criticized for the release of a number of Chinese drug traffickers.

“I call on President Rodrigo Duterte to respond decisively to this travesty of justice and immediately fire Faeldon,” Sen. Risa Hontiveros said in a statement on Sunday.

“Why is this person still in [the] government?” Sen. Sherwin Gatchalian said on Twitter.

Senate Minority Leader Franklin Drilon suggested it might be time for Faeldon to leave the government entirely.

“You know, everywhere he goes, there is controversy. You would really entertain thoughts that it is because of him. It seems this is the right time to replace Faeldon,” Drilon said in a radio interview.

“This huge controversy shows his shortcomings, especially in the implementation of the [good conduct] law, especially his failure to seek the approval of the [secretary of justice] in the case of prisoners convicted of heinous crimes pursuant to a [Department of Justice] order and RA 10575 (Bureau of Corrections Act of 2013),” Drilon said.

Senate, House probes

The Senate and the House of Representatives open separate inquiries on Monday and Tuesday into RA 10592, which expanded the good conduct time allowance for prisoners.

Faeldon had informed the Senate justice panel chaired by Sen. Richard Gordon that he would be sending his chief legal officer, prompting the senator to issue a subpoena on Saturday ordering the BuCor chief to appear under pain of penalty.

The 2013 law excludes “recidivists, habitual delinquents, escapees and persons charged with heinous crimes” from early release.

But after controversy erupted over the impending release of Sanchez, the BuCor admitted it had quietly released more than 22,000 prisoners from 2014 to early August this year.

Among those released were 1,914 who had been convicted of murder, rape, drug offenses, parricide, kidnapping and arson.

Sen. Panfilo Lacson, speaking in a radio interview on Friday, said among those released were Josman Aznar, Ariel Balansag and Alberto Caño, who were convicted of the rape and murder of sisters Marijoy and Jacqueline Chiong in Cebu City in 1997.

The three men were sentenced to death in 2004, but President Gloria Macapagal-Arroyo commuted their sentences to life terms in 2006 after she abolished capital punishment.

Lacson said a certain Marquez signed the release order for the three men, not the BuCor chief who had ultimate responsibility for the matter.

Resign

On Saturday, Thelma Chiong, mother of the slain sisters, called for Faeldon’s resignation.

“To Faeldon, I have a question: Is he making money out of criminals?” Chiong said in a text message to the Inquirer. “It seems the issue here is pay for your freedom and not good conduct.”

Faeldon could not be reached for comment on Sunday.

Chiong said her family, although hurt, was not taking legal action against the officials behind the release of her daughters’ killers.

“I’m 67 years old. I can no longer handle it. I leave this to God,” she said.

Records showed that the number of heinous crime convicts released had increased yearly—from 62 in 2014 to 816 so far this year.

Customs stint

Faeldon served for a little over a year as chief of the Bureau of Customs until August 2017 when he resigned after P6.8 billion worth of “shabu” or crystal meth was found to have been smuggled from China through Manila International Container Terminal.

That occurred a year after P6.4 billion worth of shabu from China slipped past the customs bureau at the Port of Manila, although there were allegations that the cargo went through with the cooperation of customs employees.

The former Marine captain was later moved by President Duterte to the Office of Civil Defense.

Faeldon took over the BuCor in November 2018, succeeding former Philippine National Police chief Ronald “Bato” dela Rosa, who held the top post for about six months.

Dela Rosa resigned to run for a seat in the Senate in midterm elections this year. He won the election.

Records showed that the bulk of heinous crime convicts releases took place during Faeldon’s term—816.

In his post, Gatchalian said: “I don’t know what to say in my anger! Faeldon released P6.4 billion worth of illegal drugs through [the customs bureau], and now, he released one rapist through BuCor.”

Faeldon, according to Hontiveros, “does not deserve the trust of the Filipino people.”

Lying to the people

She denounced Faeldon for lying by repeatedly denying involvement in Sanchez’s release only to be belied by media reports showing he did in fact sign the order.

“Faeldon looked at the Filipino people square in the face, and lied. That alone is reprehensible enough. But the fact that he effectively coddled an unrepentant convicted rapist and murderer, turned a blind eye to Sanchez’s crimes while he is in prison and lied to the public, is a gross violation of the oath of office that all civil servants take,” Hontiveros said.

“And now Faeldon’s office allegedly released a number of Chinese drug traffickers despite the opposition of the Philippine Drug Enforcement Agency (PDEA), which described the decision as “not conforming to the process,” she said.

Drilon warned Faeldon against not appearing at the Senate hearing, lest he once again face the prospect of arrest.

“He will again be cited for contempt [if he does not attend]. But we should also give Faeldon the opportunity to explain, assuming he won’t appear. The committee will determine if his excuse is valid,” he said.

In 2018, Faeldon was arrested and detained at the Senate for refusing to participate in an investigation by the Senate blue ribbon committee, also chaired by Gordon, into corruption in the customs bureau.

Malacañang is taking no immediate action against Faeldon.

Presidential spokesperson Salvador Panelo said in a radio interview on Sunday that although the President had not said anything, the presumption was that the President still trusted Faeldon.

Also on Sunday, the Philippine National Police said it would appreciate a heads-up from the BuCor on the release of heinous crime prisoners.

Brig. Gen. Bernard Banac, spokesperson for the PNP, said the police were concerned that those convicts would commit crimes again.

He said, however, that the PNP was “prepared to arrest and lock them up again” if they turned to crime anew.—With reports from Jeannette I. Andrade, Dexter Cabalza and Dale Israel