Palace says Faeldon still enjoys Duterte's trust

MANILA, Philippines — Embattled Bureau of Corrections chief Nicanor Faeldon still enjoys the trust and confidence of President Rodrigo Duterte for now, Malacañang said Sunday, as it welcomed the Senate's probe into the release of more than 1,900 prisoners convicted of heinous crimes. 

Some senators have urged Duterte to fire Faeldon and to revamp the BuCor after it was revealed that 1,914 heinous crimes inmates were released early due to the good conduct good time allowance law. The law, which took effect in 2013, reduces the jail time of prisoners who displayed good behavior but excludes those who committed heinous crimes, habitual delinquents, recidivists and escapees. 

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Duterte wants BuCor officials to explain why the heinous crime convicts were released early, senator and former presidential aide Christopher Go said over the weekend. 

Presidential spokesman Salvador Panelo said the president has not reacted to calls to dismiss Faledon. 

"As long as the president has not spoken (on the matter), the presumption is he (Faeldon) has the trust and confidence (of the president)," Panelo said in a radio interview.

Asked to react to concerns that Faeldon would just be "recycled" or moved to another agency, Panelo said the president has "absolute discretion" on the matter. 

READ: Bam: Duterte's 'recycling' of officials gives mixed signals on corruption

He said it would be up to Duterte to decide whether to heed calls to revamp the BuCor. 

"The president listens to all these appeals. Let him decide," the presidential spokesman added. 

Faeldon stepped down as Customs commissioner in August 2017 as he was under fire over the entry of P6.4 billion worth of shabu in the country. He was named BuCor chief in November last year.

Sen. Panfilo Lacson had also claimed that Faeldon was one of the recipients of "tara" or grease money paid by smugglers. Faeldon, a former marine officer, has denied involvement in the alleged corruption in the customs bureau. Duterte has vouched for Faeldon's integrity in his previous speeches, calling him an "honest" man. 

The Senate is scheduled to hold an inquiry on the GCTA law and the early release of heinous crime inmates. 

READ: Duterte appoints military man as BuCor deputy

Panelo said the Senate is free to conduct hearings provided that the president's appointees are not disrespected. 

"The administration is always OK with that. We respect the independent branch. What the president does not want is when his officials are humiliated in Congress," he said. 

No violation?

Panelo said the release of the inmates may not have reached the president's office because some processes are done in lower levels of government. He reiterated that the heinous crime convicts who benefited from the GCTA law may be sent back to jail because they are not eligible for early release. 

"If you are not qualified from the very beginning, your release is not in accordance with the law," Panelo said. 

Former Supreme Court spokesman Theodore Te has said Malacañang’s plan to send back the inmates to jail would violate the Constitution and the Revised Penal Code. According to him, Article 22 of the Revised Penal Code states that any penal law may be applied retroactively if it is to the benefit of an accused or convict, including an erroneous interpretation of the law that was done in good faith.

READ: Duterte wants explanation on release of convicts

Panelo insisted that rearresting the freed prisoners does not violate the law. 

"There is no violation in that because Republic Act 10592 (GCTA law) gives conditions by which inmates can avail of the benefit. Since they were given benefits and they are not qualified so there is no violation," he said. 

Panelo said it would be up to the justice department to deal with the heinous crime convicts who were released early.