Professional Documents
Culture Documents
NOTICE
Sirs/Mesdames:
Please take notice that the Court, Third Division, issued a Resolution
dated November 28, 2016, which reads as follows:
G.R No. 223446 - (Ricardo Ranier G. Cruz Ill, in his capacity as
Director General of the Bureau of Corrections; Richard W. Schwarzkopf,
in his capacity as Superintendent, New Bilibid Prison, Bureau of
Corrections; and Emerenciana M. Divina, in her capacity as the Officer-
in-Charge, Inmate Documents and Processing Division of the New Bilibid
Prison, Bureau of Corrections v. Rolito T. Go, detained at the Maximum
Security Compound, New Bilibid Prison, joined by his wife Elsa Ang Go)
RESOLUTION
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Resolution -2- G.R. No. 223446
November 28, 2016
On 28 April 2014, the RTC granted the petition and issued a Writ of
1--fabeas Corpus. The RTC found that Go's sentence was validly commuted
from reclusion perpetua to 30 years pursuant to Section 7, Chapter 3 of the
BuCor Manual:
The pertinent portion of the Decision of the RTC granting the Writ of
Habeas Corpus reads:
SO ORDERED. 4
4
Id. at 207.
Sf/
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Resolution -4- G.R. No. 223446
November 28, 2016
First, the issue of whether or not the proper remedy is an appeal via
Rule 41 of the Rules of Court.
The facts surrounding the case are undisputed and the sole issue raised
is a pure question of law, i.e., whether or not the BuCor has authority to
commute a prison sentence. As succinctly resolved by the CA, petitioners
never disputed Go's "classification as a colonist status, the pertinent portions
of the BuCor Operating Manual, and the refusal of respondents-appellants to
apply the privileges provided therein were never questioned by either
parties. [Petitioners] were only assailing the coITectness of the RTC's
interpretation of Section 7, Chapter 3 of the BuCor Operating Manual~ the
conclusions drawn therefrom, and its application to the settled facts
surrounding [Go's] case. There is therefore no need to evaluate the evidence
on record to determine the power of the BuCor, or its lack thereof, to
commute an inmate's sentence." Indeed, the CA is correct in dismissing the
appeal for improper remedy because the issue raised before it is purely a
question of law, which is within the jurisdiction of this Court.
Dio, et al. v. Subic Bay Marine Exploratorium, Inc., 736 Phil. 216, 224 (2014).
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6
REVISED RULES OF COURT, Rule 41, Sec. 2(c).
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Resolution - 5- G.R. No. 223446
November 28, 2016
the Constitution, which mandates that only the President has the power to
exercise executive clemency. 7
As correctly resolved by the 'trial court, while only the President 'Can
commute a prison sentence, Articles 708 and 979 of the Revised Penal Code
(RPC) recognize partial reduction or commutation of sentences by providing
that "for penal penalties, the duration shall be computed for 30 years and the
allowances of good conduct must be applied on top of the [good conduct
time allowance] accorded to an inmate with a colonist status."
Art. 99. Who grants time allowances. - Whenever lawfully justified, the
Director of Prisons shall grant allowances for good conduct. Such
allowances once granted shall not be revoked. (Emphasis supplied)
The intent and spirit of the law in affording persons the remedy of
writ of habeas corpus is to devise a speedy and effective means to relieve
persons from unlawful restraint. 11 To rule otherwise would render Aiiicle 99
of the RPC as a mere surplusage and would unduly impose excessive
imprisonment on inmates in violation of the basic right to liberty.
SOORQERED.
Very truly yours,
~~~~
WIL~¥DC?l Vrk~ofCour~1{/Jw
Divzszon e 7./'Yt
COURT OF APPEALS
CAG.R. SPNo. 135263
1000 Manila
JO
"As of February 25, 2010, Go has served 23 years, 8 months, and 9 days of imprisonment,
inclusive of all applicable good conduct time allowance xxx," as stated by the RTC.
II
Barredo v. Vinarao, 555 Phil. 823, 827 (2007).
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Resolution -7- G.R. No. 223446
November 28, 2016
Estelito P. Mendoza
Counsel for Respondents
Suite A, 18th Floor, Tower 6789
6789 Ayala AVenue, 1226 Makati City
The Director
BUREAU OF CORRECTIONS
1770 Muntinlupa City
Mr. Rolito T. Go
c/o The Director
BUREAU OF CORRECTIONS
1770 Muntinlupa City
LIBRARY SERVICES
Supreme Court, Manila
Judgment Division
JUDICIAL RECORDS OFFICE
Supreme Court, Manila
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