THE Court of Appeals (CA) has approved the motion of Bureau of Corrections (BuCor) Director General Gregorio Catapang Jr. to withdraw his opposition to the release of an inmate who has served the maximum detention period for his sentence.
The CA Special Fifth Division, in a 3-page resolution promulgated on September 16, 2025, declared the case of Fausto Capuyan “closed and terminated” and deemed the opposition of Catapang “withdrawn” after he informed the court that Capuyan has been in jail for more than 40 years.
Records of the case showed that Capuyan, who was sentenced to reclusion perpetua (or a maximum jail term of 40 years) for murder with abuse of superior strength filed a petition for the issuance of a writ of habes corpus before the Muntinlupa Regional Trial Court claiming he has completed his sentence by virtue of the Good Conduct Time Allowance under Republic Act 10592.
The RTC, in a decision rendered in April this year, granted Capuyan’s petition and ordered his immediate release.
Catapang appealed the decision to the CA, initially saying that Capuyan’s computed sentence only added to 27 years and 11 months, falling short of his maximum jail term of 40 years.
In its September ruling terminating Capuyan’s case, the CA noted Catapang’s manifestation that the BuCor has re-computed the inmate’s time in prison and found out he was correct in his plea.
“Prudently, he (Catapang) re-computed Capuyan’s time served and discovered that the latter had served a total of 40 years, one month, and nine days, thereby exceeding the maximum sentence of 40 years of reclusion perpetua,” said the CA ruling penned by Associate Justice Ramon Cruz.
“In the greater interest of justice, Catapang prays for the withdrawal of his appeal without prejudice to his right to re-file it should another legal cause arise for Capuyan’s confinement,” it added.
With this, the CA granted Catapang’s manifestation, but merely “noted without action” the urgent motion filed by Capuyan seeking his immediate release from detention on account of the Muntinlupa RTC ruling.
Concurring with the resolution are Associate Justices Emily San Gaspar-Gito and Jose Lorenzo Dela Rosa.
