A MUNTINLUPA court has ordered the release of Juanito Itaas, a political prisoner who was convicted in 1989 for the ambush-slay of US Army Col. James Rowe, a killing that was later owned up by the communist New People’s Army.
The decision dated November 8, 2020 but only made public yesterday granted the petition for habeas corpus filed by Itaas’ son, Jarel, seeking to direct Bureau of Corrections Director General Gerard Bantag and New Bilibid Prison Supt. Ricardo Zulueta to release Itaas from their custody because he has already served his sentence.
The court added that the continued incarceration of Itaas, the longest-serving political prisoner at the national penitentiary, is unlawful and violates his rights.
Itaas was also convicted for the killing of Rowe’s driver, Joaquin Binuya, who was driving Rowe to his office in Quezon City in April 1989.
Free Legal Assistance Group lawyer Theodore Te, however, said the Office of the Solicitor General has filed a motion for reconsideration of the ruling, meaning Itaas remains incarcerated.
The NPA said it killed Rowe because he took part in a campaign against the communist insurgency. Rowe, 41, from McAllen, Texas, was a heavily decorated Vietnam veteran and former prisoner of war.
“Under the two convictions, Mr. Itaas has to serve a total of 32 years and six months imprisonment. Considering that he has already served 32 years, one month and 12 days and applying GCTAs as he has already earned, which is 10,758 days or 29 years, five months and 23 days, Mr. Itaas is deemed to have already served his sentence for his two convictions,” Muntinlupa RTC Branch 204 Judge Gener Gito said.
“Wherefore, premises considered, the petition for privilege of the writ of habeas corpus is granted. The respondents are hereby ordered to release Juanito Itaas,” the court added.
The court declared as “invalid” the disputed rule in the amended Implementing Rules and Regulations issued by the Department of Justice excluding heinous crimes from coverage of the Good Conduct Time Allowance. It can be recalled the DOJ amended the IRR on the GCTA to suit President Duterte’s hard line stance against criminals after the Antonio Sanchez fiasco.
Sanchez, the former mayor of Calauan, Laguna who was serving his sentence at the NBP for the killing of UP Los Banos students Mary Eileen Sarmenta and Allan Gomez, was reported set to be released in 2019, prompting the revision of the implementing rules and regulations of the expanded GCTA law.
Under the new rules, those convicted of heinous crimes are disqualified from having their jail sentence commuted for good behavior.
But the Muntinlupa court said the proviso in the GCTA only applies to those under preventive suspension.
“Judge Gito’s decision is clear, cogent and compelling. His decision to grant Mr. Itaas the benefits of the GCTA is founded on both the facts and the law and his 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,” Te said.
