A system of laxity, complicity bared in probe of Leviste’s prison break

MANILA, Philippines—The prison guard who was supposed to monitor homicide convict Jose Antonio Leviste’s movements in the National Bilibid Prison in Muntinlupa City admitted to a fact-finding panel of the Department of Justice that he was not able to keep track of Leviste’s every move and had failed to prevent the convict’s unauthorized trips out of the prison.

Prison guard Fortunato Justo, who was in charge of the custody of Leviste, explained that he had 21 other “sleep-out” or “living-out” prisoners under his custody and was only required to conduct a headcount once each morning, lunchtime and afternoon.

A “living-out” prisoner in Bilibid is within minimum security and can roam the Bilibid prisons compound but is, of course, prohibited from leaving the compound unless for a medical emergency, under authorization from prison officials.

A “sleep-out” prisoner, just like the “living out” prisoner, is allowed to set up his own hut within the Bilibid compound and sleep there, but can only step out of the prison compound during emergencies.

“We just give them (the prisoners) our trust and confidence,” Justo told stunned DoJ investigators when asked if he thought he was able to do his job in guarding the prisoners under his care.

The guard added that he himself went around the New Bilibid agro-farm compound to conduct the headcount by looking for the prisoners one by one.

By the time Leviste was said to have vanished, Justo said he was in the tree nursery where foliage was thick. He said Leviste was still present when he conducted a headcount at 2 p.m. and 4 p.m.

The guard said he learned that Leviste had vanished at around 4:15 p.m., and reported Leviste’s disappearance to the BuCor Reservation Support Service personnel who were in charge of securing the NBP and its minimum security prisoners.

He said he was still looking for Leviste by 9 p.m., not knowing that the prisoner was arrested in Makati City at 5:30 p.m.

He described Leviste as “kind,” adding that the convict sometimes performed magic tricks.

Justo confessed that he recommended the sending of eight prisoners, including Leviste, to an agro-farm project within the Bilibid compound. The eight were also picked by a group called the “BuCor Love Foundation,” which, according to Justo, is known for its tree-planting activities. Justo said he thought the prisoners would do well in the project.

But, under intense questioning, Justo admitted that he had no authority to make such a recommendation. DOJ panel member Wilberto Tolitol later told him that the foundation had links with Leviste and that Leviste might have worked behind the scenes to recommend push for his inclusion and those of seven inmates in the agro-project, which gave them the privilege to sleep in huts outside of the ordinary jail cells, within the prison compound.

The panel learned that when the document recommending them for the agro-project was issued, Leviste’s name was already included on the list.

The agro-production section chief, Wilson Marquez, and the chief overseer of the minimum security camp, Inspector Artemio Martin, both claimed that former NBP Superintendent Armando Miranda was the one who recommended the inclusion of Leviste in the agro-farm project. Miranda’s successor, Ramon Reyes, also confirmed this.

Marquez added that being a civilian, he was bypassed in the selection of eight prisoners for the agro-farm project. He later admitted, however, he supported the inclusion of Leviste in the project.

“I’m the only one who has the right to request for personnel. But I made the request (for Leviste) following the verbal instruction of Superintendent Miranda,” he said.

Justo and his immediate superior, Superintendent Roberto Rabo; prison guards Francisco Liwanag and Hilario Panaguiton; their superior Cruz; and Marquez, have all been ordered relieved from their posts by BuCor director Ernesto Diokno.

Diokno has gone on leave to give way to the DoJ investigation of Leviste’s prison break.