Metro Manila (CNN Philippines, December 20) – Juanito Itaas, the country’s longest held political prisoner, is set to be released after the Muntinlupa regional trial court granted his petition for writ of habeas corpus.
Itaas, then a member of the New People’s Army Sparrow Unit, was given a reclusion perpetua for killing Joint RP-US Military Advisory Group Army Division chief Colonel James Rowe in 1989.
He was also handed an additional sentence of a minimum of 10 years and a maximum of 17 years and 4 months for the frustrated murder of Joaquin Binuya, the driver of Rowe.
In a decision penned by Judge Gener Gito on Nov. 8, the Muntinlupa court ruled that Itaas was able to completely serve his prison term and he should benefit from the credits he earned under Republic Act 10592, or the Good Conduct Time Allowance (GCTA) Law.
The regional trial court particularly focused its decision on Section 2, Rule IV of the law’s 2019 amended implementing rules and regulations (IRR), which excludes recidivists, habitual delinquents, escapees and persons charged with heinous crimes from being granted GCTA credits.
The Muntinlupa court ruled it as invalid for being ultra vires, or in excess of what the law mandates. It said the rule only applies to those under preventive imprisonment, or individuals who were jailed before their conviction.
The court also decided that Itaas should not serve his penalty in the frustrated murder case against Binuya after he was granted amnesty for it.
Itaas has been in prison for 32 years, one month, and 12 days as of Oct. 19, 2021. Under GCTA computation, Itaas should have been jailed only for 29 years, five months, and 23 days.
Free Legal Assistance Group lawyer Theodore Te welcomed the court’s decision on the release of Itaas.
“The decision to grant Mr. Itaas the benefit of the GCTA is founded on both the facts and the law and the ruling declaring as invalid the IRR provisions that made it more difficult for detainees to benefit from the GCTA is consistent with the Constitution and the law. We hope that Mr. Itaas will be able to join his family for Christmas,” said Te.
