People VS Sanchez

Proof that Ex-Mayor Sanchez is not ELIGIBLE for GCTA

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10592, OTHERWISE KNOWN AS “AN ACT AMENDING
ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AS AMENDED”

ANNEX P

RULE IV THE BENEFITS OF CREDIT FOR PREVENTIVE IMPRISONMENT (CPI)

Section 3. Who are Disqualified. – The grant of credit for preventive imprisonment shall not apply to the following:

a. An accused who is recidivist as defined under Article 14 (9), Chapter III, Book 1 of the Revised Penal Code;

b. An accused who has been convicted previously twice or more than times of any crime; and

c. An accused who, upon being summoned for the execution of his sentence, has failed to surrender voluntarily before a
court of law.

[G.R. No. 121039-45. January 25, 1999]

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MAYOR ANTONIO L. SANCHEZ, GEORGE
MEDIALDEA, ZIOLO AMA, BALDWIN BRION, LUIS CORCOLON, ROGELIO CORCOLON, and PEPITO
KAWIT, accused-appellants.
DECISION

MARTINEZ, J.:

. . . a plot seemingly hatched in hell . . .

This was how Judge Harriet O. Demetriou1 of the Pasig City Regional Trial Court, Branch 70, in her 132-page Decision
dated March 11, 1995 now before us on review, emphatically described the Allan Gomez-Eileen Sarmenta rape-slay that
drew strong condemnation from an outraged populace in the middle of 1993. After a protracted and grueling 16-month
trial, she found all those charged therewith, namely: Calauan Mayor Antonio Sanchez (hereafter the Mayor), George
Medialdea, Luis and Rogelio Corcolon, Zoilo Ama, Baldwin Brion and Pepito Kawit (appellants herein), guilty beyond
reasonable doubt of the crime of rape with homicide on seven counts and sentenced each one of them:

. . . to suffer the maximum penalty of reclusion perpetua for each of the seven offenses or a total of seven reclusion
perpetua for each accused. In addition, the Court hereby orders all the accused to jointly and severally pay the victims
respective families the following sums by way of civil indemnity:

1. the sum of P3,432,650.00 representing the actual damages sustained by the Sarmenta family;
2. the sum of P3,484,000.00 representing the actual damages sustained by the Gomez family;
3. the sum of P2,000,000.00 as moral damages sustained by the Sarmenta family;
4. the sum of P2,000,000.00 as moral damages sustained by the Gomez family;
5. the sum of P191,000.00 as attorneys fees and litigation expenses incurred by the Gomez family; and
6. the sum of P164,250.00 for litigation expenses incurred by the Sarmenta family.
 [ G.R. No. 131116, August 27, 1999 ]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ANTONIO L. SANCHEZ, ARTEMIO AVERION, LANDRITO “DING”
PERADILLAS AND LUIS CORCOLON, ACCUSED. ANTONIO L. SANCHEZ AND ARTEMIO AVERION, ACCUSED-APPELLANTS.

DECISION
PARDO, J.:

What is before this Court is an appeal from the decision of Regional Trial Court, Branch 160, Pasig City,[1] finding accused
Antonio L. Sanchez, Luis Corcolon y Fadialan, Landrito "Ding" Peradillas and Artemio Averion guilty beyond reasonable
doubt of murder committed against Nelson Peñalosa and Rickson Peñalosa, and sentencing each of the accused, as
follows:
"WHEREFORE, foregoing considered, the Court finds the accused Antonio Sanchez, Landrito "Ding" Peradillas, Luis
Corcolon, and Artemio Averion GUILTY beyond reasonable doubt of the crime of MURDER punishable under ART. 48 of
the Revised Penal Code and hereby sentences each of said accused to suffer the penalty of reclusion perpetua and to
pay jointly and severally, the heirs of the victims each the sum of P100,000.00 for the death of Nelson Peñalosa and
Rickson Peñalosa, P50,000.00 as actual damages and moral damages of P 50,000.00 and exemplary damages of
P30,000.00 and to pay the costs.

Section 6. Provisional Release While Under Preventive Imprisonment. – a. Whenever an accused has undergone
preventive imprisonment for a period equal to the imposable maximum imprisonment of the offense charged to which
he may be sentenced and his case is not yet decided, he shall be released immediately without prejudiced to the
continuation of the trial thereof or the proceeding on appeal, if the same is under review, except for the following:

1. Recidivist

2. Habitual Delinquen

t 3. Escapee

4. Person charged with heinous crimes

Heinous Crimes defined by REPUBLIC ACT NO. 7659

Act are heinous for being grievous, odious and hateful offenses and which, by reason of their inherent or manifest
wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the common standards and
norms of decency and morality in a just, civilized and ordered society;

WHEREAS, due to the alarming upsurge of such crimes which has resulted not only in the loss of human lives and
wanton destruction of property but also affected the nation's efforts towards sustainable economic development and
prosperity while at the same time has undermined the people's faith in the Government and the latter's ability to
maintain peace and order in the country;

Section 6. Article 248 of the same Code is hereby amended to read as follows:

"Art. 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be
guilty of murder and shall be punished by reclusion perpetua, to death if committed with any of the following
attendant circumstances:
 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing
means to weaken the defense or of means or persons to insure or afford impunity.

2. In consideration of a price, reward or promise.

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or

assault upon a railroad, fall of an airship, or by means of motor vehicles, or with the use of any other
means involving great waste and ruin.

4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake,

eruption of a volcano, destructive cyclone, epidemic or other public calamity.

5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.

In 2006, a complaint was filed against Sanchez for allegedly possessing shabu and marijuana inside his jail cell.
Four years later, in 2010, a kilo of shabu worth P1.5 million was discovered in one of the Blessed Virgin Mary
statues inside his cell during a random check at the national penitentiary.
A BuCor report also said Sanchez tested positive for drug use.
In 2015, authorities seized an air conditioner, a flat-screen television and a refrigerator from the former mayor’s
cell during a raid of Bilibid’s Maximum Security Compound.

Section 3. Non-Entitlement for GCTA and TASTM

Ground for Non-Entitlement for GCTA

If the PDL:

Committed violation of any of the prison rules
I. Prison Rules Violations
If a PDL violated any of the following within a
month, he/she shall
3) Littering or failing to maintain cleanliness
and orderliness
in quarters and/or surroundings;
4) Making frivolous or groundless complaints;

not be entitled for the grant of GCTA for the 5) Taking the cudgels for reporting complaints
said month, provided on behalf of

that such would not prejudice the imposition of other PDLs;

other penalties.
6) Late in formation during PDL headcount
The following are violations of prison rules: without justifable

1) Unauthorized selling or bartering with fellow reason;

PDL of items
7) Willful waste of food;
not classifed as contraband;
8) Failure to report for work without suffcient
2) Unauthorized rendering of personal service justifcation;
to fellow PDL;
9) Failure to render assistance to an injured 18) Loitering or being in an unauthorized
personnel or place;

fellow PDL; 19) Unauthorized use of communication

equipment;
10) Failure to assist in putting out fres inside
the prison; 20) Writing, defacing, or drawing on walls,
foors or any
11) Behaving improperly or acting boisterously
during religious, furniture or equipment;

social and other group functions; 21) Withholding information which may be
inimical or
12) Swearing, cursing or using profane or
defamatory language prejudicial to prison security;

directed at other persons; 22) Possession of lewd or pornographic

literature, photographs,
13) Malingering or pretending to be sick to
escape work and sexual items;

assignment; 23) Absence from cell, brigade, place of work

during headcount,
14) Spreading rumors or malicious intrigues to
besmirch the or at any time without justifable reason;

honor of any person; 24) Failure to turn over any implement/article

issued after
15) Failure to stand at attention and give due
respect when work detail;

confronted by or reporting to any prison 25) Making untruthful statements or lies in any
authority; offcial

16) Forcing fellow PDL to render personal communication, transaction, or investigation;

service for him/her
26) Keeping or concealing keys or locks of
and/or to others; places in the prison

UNIFORM MANUAL ON TIME which are off-limits to PDLs;

ALLOWANCES AND SERVICE OF
SENTENCE 17 27) Giving gifts, selling, or bartering with any
prison authority;
17) Exchanging uniforms or wearing clothes
other than those 28) Keeping unauthorized amount of money,
jewelry, cellular
issued for the purpose of circumventing jail
rules; phones or other communications devices,
luxurious
properties and other items classifed as and/or agitating to cause such disturbance or
contraband under riot;

the rules; 39) Indecent, immoral, or lascivious acts;

29) Tattooing others or allowing him/her to be 40) Willful disobedience to a lawful order
tattooed on any issued by any prison

part of the body, or keeping any paraphernalia authority;

to be used
UNIFORM MANUAL ON TIME
in tattooing; ALLOWANCES AND SERVICE OF
SENTENCE 18
30) Forcibly taking or extorting money from
fellow PDL or 41) Assaulting any prison personnel;

visitors; 42) Damaging any government property or

equipment;
31) Punishing or inficting injury or any harm
upon him/herself 43) Participating in kangaroo court, an
unauthorized or
or other PDL;
irregular court conducted with disregard for or
32) Receiving, keeping, taking or drinking perversion
liquor and prohibited
of legal procedures as mock court by the PDL
drugs and smoking; in a prison;

33) Making, improvising or keeping any kind 44) Failing to inform the authorities concerned
of deadly weapon; when afficted

34) Concealing or withholding information on with any communicable disease, such as

plans of escapes; tuberculosis,

35) Unruly conduct and fagrant disregard of sexually-transmitted diseases, etc.;

discipline and
45) Engaging in gambling or any game of
instructions; chance;

36) Escaping, attempting or planning to

escape from the
46) Committing an act which is in violation of
institution or from any guard; any law or

37) Helping, aiding, or abetting others to ordinance;

escape;
47) Committing an act prejudicial to good
38) Fighting, causing any disturbance or order and discipline;
participating therein
 48) Any behavior which might lead to disorder outside community or others;
or violence,
49) Any act analogous to the foregoing
or such other actions that may endanger the
facility, the

Bureau of Correction
Mission
o To protect the publc by safekeeping and reforming persons under our custody adhering
to international standards of corrections service.
Vision
o A safer society by 2028 through reformed persons reintegrated by a highly efficient and
competent corrections service
o
Core Values

GOD CENTERED - Centering our lives joyfully and dynamically upon the person of
God.
VIGILANCE - We are committed to enhance public safety by being responsive to the
extreme demands of corrections duties.
INNOVATIVENESS - We seek continuing advancement in corrections management in
order to face emerging challenges and to optimize application of resources.
INTEGRITY - We promote accountability, equity and inclusiveness by adhering to high
ethical and moral standards.

Functions
1. Safekeep prisoners convicted by courts three (3) years and one (1) day and above to
serve sentence in prison.
2. Prevent prisoners from committing crimes.
3. Provide inmates basic needs.
4. Ensure rehabilitation programs are made available to the inmates for their physical,
intellectual and spiritual development.
5. Develop livelihood programs to assist inmates earn a living and develop their skills
while in prison.

“Sanchez has shown no signs of
remorse and displayed no effort at
improving himself in behavior or
character inside the penitentiary. In fact,
even inside prison, he has continued
committing crimes with impunity,”
The possibility of the DOJ seeking a writ
of execution or an order from a court to
enforce its ruling arose yesterday during
the inquiry of the Senate Blue Ribbon
committee, where it was disclosed that
Sanchez has not complied with the
order of the Pasig City regional trial
court to pay P12,671,900 in damages to
the families of University of the
Philippines-Los Baños students Mary
Eileen Sarmenta and Allan Gomez