DOJ chief: Rearresting freed drug lords can be ‘seriously considered’

Justice Secretary Menardo Guevarra attends the Senate hearing on the GCTA law on Monday, Sept. 2, 2019. (File photo by CATHY MIRANDA / INQUIRER.net)

MANILA, Philippines — Senators Francis Tolentino and Panfilo Lacson questioned on Tuesday the validity of the release of several Chinese and Taiwanese drug lords from prison, citing a possible violation of a provision under the Omnibus Election Code.

At Tuesday’s Senate hearing, Tolentino pointed out that Taiwanese Chen Tiz Zang and four other Chinese drug lords were released during a period when it was prohibited to do so.

The foreign drug lords were supposedly released under a law increasing the number of days credited to GCTA, which was the focus of the Senate investigation.

“We all know that the date [they were released] was during the campaign period,” Tolentino said, speaking partly in Filipino. “Are you aware, is there anybody aware, coming from the side of BuCor [Bureau of Corrections] that we have Section 261 of the Omnibus Election Code. The title of that is ‘illegal release of prisoners,’” Tolentino pointed out.

More specifically, Tolentino was referring to Section 261(n), the full title of which is “Illegal release of prisoners before and after election.”

“While the law provides that it [the allowance] cannot be revoked, my view here is that when the release was granted it was in clear violation, willful violation of existing laws, especially the election code. Therefore, it is void,” he added.

Justice Secretary Menardo Guevarra agreed, saying: “If it’s against the law, it is void.”

Tolentino then asked BuCor chief Nicanor Faeldon if he was aware of the Omnibus Election Code provision prohibiting the release of prisoners from March 14 to June 12, 2019.

“No, your honor,” Faeldon answered.

Lacson then raised the same issue during his questioning. He asked Bureau of Immigration (BI) Commissioner Jaime Morente for the dates of the foreign drug lords’ release.

According to Morente, the Taiwanese drug lord was released on April 1 and the four Chinese nationals — Chan Chit Yue, Kin San Ho, Ching Che, Wu Hing Sum — were released on June 4.

Ho Wai Pang, meanwhile, was released from jail on June 6, the BI chief added.

“They were turned over on June 19, it appearing that they are covered by the election ban,” Morente said.

Lacson then turned to Guevarra, saying, partly in Filipino: “Secretary, we can put them back in Muntinlupa [referring to the New Bilibid Prison] because the release was void. Do we have to go to court? Or do we just apply the Omnibus Election Code? Because regardless of the provision [of Republic Act No. 10592], the grant of allowances shall not be revoked, but when the release is illegal, we can already send them back, so that their deportation will not push through.”

“Of course, they are on hold for deportation,” Lacson added. “It may be a better idea if they are turned over back to the National Bilibid Prison.”

“That is a very positive suggestion,” Guevarra said. “We just feel that maybe — they’re already in the custody of the Bureau of Immigration. For all intents and purposes, they’re still in custody. But if the preference is for them is to be brought back to the national penitentiary, I think that can be really seriously considered.”

/atm