Eldest Correctional inmate released, reunites with family, SAF grandson

Public Attorney’s Office (PAO) chief Persida Acosta (right) talks with 91-year-old inmate Petra Lukingan at the Correctional Institute for Women in Mandaluyong City. CONTRIBUTED FILE PHOTO BY PAO

MANILA, Philippines–The eldest inmate from the Correctional Institute for Women (CIW) was finally reunited with her family in Kalinga Province including her grandson Police Officer 2 Dominick Lukingan, one of the members of Special Action Force (SAF) who survived the clash in Mamasapano, Maguindanao.

Petra Lukingan, 91, was released at around 8 a.m. Friday following the issuance of the release order from the Board of Pardons and Parole (BPP).

Lukingan was convicted of four counts of falsification of documents, according to CIW chief Dr. Edilinda Patac and was committed at the CIW on Feb. 13, 2012 after she was convicted to one year and three days to 10 years and nine months per count.

She served three years, two months and nine days in prison or more than threefold of her minimum sentence prior to her release.

The BPP, in granting her parole application, applied the threefold rule under Article 70 of the Revised Penal Code.

In granting her parole application, the BPP applied the threefold rule on prison sentences under Article 70 of the Revised Penal Code (RPC).

Article 70 of the RPC provides that “…the maximum duration of the convict’s sentence shall not be more than three-fold the length of time corresponding to the most severe of the penalties imposed upon him.”

Public Attorney’s Office Chief Persida Rueda-Acosta said Lukingan is already sickly and suffering from hearing disability.

The PAO had provided legal assistance to Lukingan.

“She was one of the inmates we recommended for presidential pardon because she is already sickly and suffering from hearing disability,” Atty. Acosta said.

Acosta said she and Justice Secretary Leila de Lima recommended to President Benigno Aquino III that Lukingan be among the elderly inmates to be given pardon as gift to Pope Francis who visited the country last month.

Around 200 names composed of elderly and sickly inmates were given to the Palace for executive clemency in time for Pope Francis’ Philippine visit. However, the list remained pending in the Palace.

“We are happy that she was finally released,” Acosta said.

Bureau of Corrections director Franklin Jesus Bucayu, who has administrative supervision over the CIW, said the application of Lukingan for parole was among their priorities.

“She was supposed to be released already (Thursday), but the papers weren’t immediately released until just this morning (Friday). We were told she was fetched by a nephew and would go to their province in Kalinga,” he explained by phone.

Executive clemency, which is a power given to the President to pardon any prisoner, provided for under Article VII, Section 19 of the Constitution, pertains to reprieve, absolute or conditional pardon with or without parole conditions and commutation of sentence.

On the other hand, parole is the conditional release of a prisoner from a correctional institution after the person has served the minimum of his or her sentence.