MANILA, Philippines - The Department of Justice (DOJ) has recommended to President Aquino that Ernesto Diokno be administratively charged for the unauthorized trip of convicted murderer Jose Antonio Leviste outside of the national penitentiary last May 18.
However, Justice Secretary Leila de Lima said Diokno’s resignation as Bureau of Corrections (BuCor) director has extinguished his liability.
A DOJ investigating panel did not find Diokno accountable for any offense.
Administrative charges will be filed against two former and two current officials of the National Bilibid Prison (NBP), and a prison guard.
They are former NBP chief superintendent Armando Miranda and his successor Ramon Reyes; Dante Cruz and Roberto Rabo, former and incumbent heads of the minimum security compound; and prison guard Fortunato Justo.
The investigation panel said Miranda had “a direct hand” in giving Leviste special treatment. It cited the testimony of Agriculture Production section head Wilson Marquez that Miranda had instructed him to request Leviste’s transfer to the agro section.
Miranda did not cancel the “sleep out” privilege of Leviste despite reports of his alleged escape, the panel added.
The panel said Reyes is being held liable for failing to exercise his duty.
Reyes did not cancel the privilege granted to Leviste despite receiving reports of his “out-of-jail trips,” the panel added.
The panel said Cruz violated BuCor rules and regulations by reducing the number of headcounts to three instead of four times as required.
Rabo was found to be negligent when he did not act on reports that Leviste had been violating the rules by going in and out of prison, the panel added.
Justo was recommended for criminal action after the DOJ found him liable for infidelity in the custody of a prisoner.
Justo committed gross neglect of duty when he failed to monitor Leviste’s whereabouts on May 18, the panel said.
Had Justo fully discharged his duties, Leviste would not have walked in and out of the national penitentiary, the panel added.
The investigation panel said television footage showed that Leviste had been sneaking out of the NBP several times, even before the National Bureau of Investigation caught him last May 18.
“These circumstances undoubtedly prove that Justo was totally remiss in the performance of his duties as Leviste’s custodian,” the panel said.
The DOJ investigating panel was chaired by Senior Assistant State Prosecutor Susan Dacanay.
Aquino: Cleanse prison system
At Malacañang, presidential spokesman Edwin Lacierda said yesterday President Aquino wants the DOJ to start cleansing the prison system.
“The tasks before the Department of Justice and other concerned agencies are clear,” he said.
“The President himself has expressed concern about congestion in our prisons and drugs being introduced into the lives of inmates.
“These factors combine to promote corruption and disorder and saps, in turn, discipline and justice as rules may be unclear or arbitrarily applied to inmates.”
Lacierda said the correctional system cannot function if it is inhumane, underfunded, and the rules are not applied in a fair and strict manner.
“We would like to see more of a focus on education and rehabilitation, in partnership with individual citizens and organizations who have quietly, and without fanfare, engaged in education and training efforts for inmates, rather than the spectacular cases of favoritism and exemptions from the rules that have shocked the public,” he said. – With Aurea Calica, Paolo Romero