DOJ wants more control over BuCor

MANILA, Philippines — Amid a corruption scandal in the Bureau of Corrections, Justice Secretary Menardo Guevarra yesterday sought to have stronger control of his department over the BuCor, which he said was diminished following the passage of Republic Act 10575, the law that created the bureau.

Guevarra said he realized the law had strengthened the BuCor in a way that made it more autonomous from the Department of Justice (DOJ).

“I am beginning to think that the law itself that supposedly strengthened the BuCor (and consequently diminished DOJ control over it) may have to be reviewed,” Guevarra said.

Guevarra noted the massive corruption in the BuCor that was uncovered by the ongoing Senate inquiry.

He stressed the need to put more DOJ control over the BuCor instead of limiting its role merely to administrative supervision.

DOJ Undersecretary Markk Perete explained that BuCor, from its previous status as a constituent bureau, became a line agency of the DOJ when RA 10575 or the Bureau of Corrections Act was signed into law in 2013.

“Since its passage, DOJ can only exercise administrative supervision over the BuCor instead of control,” Perete said. 

He noted that RA 10575 was being used by BuCor “to justify its assertion that its decisions as regards the release of high-profile inmates do not need notice to, much less prior approval by, the SOJ (Secretary of Justice).”

Though the law provides review authority to the SOJ, Perete said the release of prisoners by BuCor is not included in the review except on appeal.

“Some form of control over BuCor may be more appropriate,” Perete stressed.

Justice officials made the statements amid the ongoing Senate inquiry over the alleged irregularities in BuCor.

The congressional inquiry had revealed the wholesale release of prisoners convicted of heinous crimes based on GCTA, prostitution, sale of prison hospital privileges, use of mobile phones and illegal drugs, among others.

For the meantime, Perete said the DOJ is waiting for the outcome of the probe being done by the National Bureau of Investigation (NBI) to determine the liability of BuCor officials involved.

Perete added the DOJ and Department of the Interior and Local Government (DILG) have completed drafting the new set of implementing rules and regulations for Republic Act 10592, or the GCTA law.

Guevarra had said some provisions of the IRR of RA 10592 had been ambiguous, stressing the need for a petition before the Supreme Court to clarify or explain the law.

President Duterte also pointed to some perceived flaws in RA 10592.

He said the loopholes in the law were apparently used by corrupt BuCor officials.

Duterte said he would not take it against the jail officials if they interpreted the law and took it upon themselves to enforce it.

“Even if it was allowed, corruption was there, corruption was there. Set aside all the legal infirmities there, even if it was allowed, corruption was present,” Duterte said Thursday.

What earned his ire was the way the GCTA law was used for corruption.

“So the guys there in BuCor, took upon themselves to arrogate the power and started a practice which was continued…,” he said.

The legal flaws were highlighted by Secretary Guevarra who stressed the need for the Supreme Court to interpret and clarify the vague areas of the provisions of the law.

Malacañang reiterated yesterday the President won’t hesitate to let the axe fall on BuCor officials deep in the pockets of drug lords and hardened convicts at the penal agency.

Presidential spokesman Salvador Panelo made this clear as the Senate inquiry into the corruption in BuCor has gone deeper and uncovered more anomalies.

Panelo said “heads will roll” at the BuCor, especially after the President made public his disappointment over the massive corruption in the agency.

The President already sacked his trusted ally, Nicanor Faeldon, as BuCor chief at the height of the controversy.

Panelo said the President is also monitoring the ongoing investigation at the Office of the Ombudsman.

He said the President has ordered those next in rank to take over BuCor once their superiors get suspended.

Duterte has vowed a top-to-bottom revamp at the agency. He lamented the wide range of corruption, which he noted is the main cause of the issue of controversial wholesale release of convicted criminals in recent years.

Duterte wants erring officials to be accountable for allowing corruption to prevail in the bureau through the years, Panelo added. – With Christina Mendez