'Freed' Jalosjos back in Bilibid
Convicted child rapist Romeo Jalosjos said Monday that he was indeed freed from the New Bilibid Prisons (NBP). He also said that he has papers to support this.
The former Zamboanga del Norte congressman told The Philippine Star newspaper that, "Around 4:30 a.m. Sunday, my family picked me up at my quarters. We attended Mass at the Ina ng Awa Parish, which is also inside the compound."
He said that after the Mass, he and his family went home to have breakfast. He slept after that. "But prison officials called me up at 11 a.m. and requested me to come back because the Department of Justice (DOJ) reportedly still wanted to conduct a review of my status."
At a tennis court outside the main prison facility but within the NBP complex in Muntinlupa City, Jalosjos showed media his release order and maintained that his status as an inmate should be reviewed.
Jalosjos has a home on M. Araullo Street in Katarungan Village. NBP officials said the village is part of the prison's reservation area but the properties there are privately owned. It was learned that it is a housing project for members of the judiciary and DOJ personnel, including all its bureaus.
Jalosjos said that he was just cooperating when he showed up again at the NBP premises, and was giving way to the request of the DOJ for a review of his sentence.
He also said he is confident about the computation of his sentence made by former Bureau of Corrections (BuCor) chief Vicente Vinarao and his successor, Ricardo Dapat.
"In my case, there is no need for a recommendation or a request from any other office. Director Dapat had just implemented what was needed to be implemented. I had to be released. He is just doing his job otherwise, he can be charged with arbitrary detention," Jalosjos said.
Justice Secretary Raul Gonzalez, however, said, "The release was premature because it was not approved by the DOJ. Political consideration here is something that you cannot ignore."
Gonzalez said President Arroyo was "very upset" when she heard that Jalosjos was being released Sunday.
"The President was upset because she felt that her policy of 70 was being ignored," he said.
DOJ review on
The DOJ said it is reviewing papers related to the release of Jalosjos to make sure that he has already served the correct length of time at the NBP.
The review came after the President commuted Jalosjos's two life terms and the credits given for his good conduct in prison.
According to ABS-CBN News correspondent Marieton Pacheco, the DOJ specifically wanted to make certain that no extra credit was given to Jalosjos for his good conduct while in detention.
Gonzalez explained that aside from the commutaion of the life terms to 16 years, Vinarao also deducted 15 days per month from Jalosjos's remaining sentence as credit for good conduct. This resulted in a much shorter sentence.
However, the DOJ wanted to make sure that the said credits are within the law and that there is no other reason behind the expedition of Jalosjos's release.
Gonzalez also said that the President was upset by the issue because instructions were given that Administrative Order 155 should apply when the commutation was granted.
AO 155 requires detainees to be at least 70 years old before being eligible for executive clemency.
This means Jalosjos could only be released in 2010 when he turns 70, or April 2009 at the earliest if the DOJ's computation will be followed, minus the strict adherence to the order.
Former state prosecutor Eric Mallonga, however, said Jalosjos could only be released after six more years, even with the President's commutation.
Mallonga added that the remaining period of Jalosjos's stay in prison is not important anymore. He said that the issue is whether or not the convicted child rapist has undergone rehabilitation.
Justice department officials are currently investigating NBP personnel who leaked the draft release order of the former congressman. Gonzalez said the leak was the reason behind the confusion on Jalosjos's supposed release Sunday.
Ready to defend release order
Meanwhile, Jalosjos said he is prepared to fight any order that would extend his sentence.
In an interview with ABS-CBN News correspondent Jorge Cariño at a tennis court outside the prison Monday, Jalosjos showed a stamp mark on his arm indicating that he is already considered an NBP "visitor."
He said that he "almost went crazy" when the BuCor told him to return Sunday because of the mistake.
Jalosjos said that instead of debating with the BuCor regarding the order, he will wait for the DOJ to conclude its review.
"Having good faith in them and knowing there's just a little confusion, convinced that my release was proper, I decided to go back. After all my things are here, I never left. But as far as we are concerned and my lawyers are concerned, I am a free man," he said.
Jalosjos said that his sentence was shortened because he is already classified as a "colonist."
As a colonist, under BuCor classification rules, five days would be deducted from the sentence every month, aside from the 15 days credited as "good conduct time allowance."
He said that if his release would be blocked to lengthen his stay in prison, he would be forced to contest it in court.
"Now, if they insist they will hold me, then I'm deprived of justice and it's up to me to go to the Supreme Court or any court," the former Zamboanga del Norte representative said.
Jalosjos said he believes that the issue will not reach the courts anymore and that he would be fully freed within three days.
While the discussion on the Jalosjos release order went on, several senators also joined in the debate.
"Ang nangyayari nga diyan dahil pinauna mo nga ang dating presidente, lahat ngayon niyang manghihingi ng pardon. Sasabihin bakit siya binigyan, ako hindi? (Just because a former president was first released, everyone now wants to ask for pardon. They would say 'he's been released, why not me?')" said Sen. Richard Gordon, referring to the pardon granted to former president Joseph Estrada, who was convicted of plunder in September.
"Ang kaso ng tatay ko political in nature, hindi naman nanggahasa ang tatay ko 'no? (My father's case was political in nature. He was not a rapist, right?)" said Sen. Jinggoy Estrada, the former president's son.
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