Jacalne, Jericho V.

20140133046

Identify the statutory construct issues on the GCTA or R.A No. 10592 and give legal
opinion on how laws are resolved both in Implementing Rules and Regulation and the law
itself.

Introduction

The Good Conduct Time Allowance Law or R.A No. 10592 is an act where amending some
articles in the Act No. 3815 other known as the Revised Penal Code. According to Former
Senator and now Sorsogon Governor Francis “Chiz” Escudero that the purpose of the good
conduct time allowance (GCTA) law is to serve rehabilitative and restorative justice.1

Lately the government order to possible release of convicted murder-rapist Antonio Sanchez,
afterwards they released a memorandum for releasing Sanchez, signed by Bureau of Corrections
(BuCor) Director General Nicanor Faeldon. Senate Minority Leader Franklin Drilon, the justice
secretary at the time Sanchez was convicted, clarified Mr. Faeldon’s claim that “(he) was just
following procedures” under the IRR for RA 10592. Mr. Drilon cited that the IRR, penned by
then-justice secretary Leila de Lima and Interior Secretary Mar Roxas, provided for a
prospective application of the GCTA law, which was later finally judged on June 25, 2019 by the
Supreme Court to allow retroactive application.2

The Good Conduct Time Allowance Law

In the Section 1 of the RA No. 10592, Article 29 as amended in the Revised Penal Code
mentioned the exclusion for the GCTA, one of those is “Persons charged with heinous crime” so
those persons charged with heinous crime cannot avail the GCTA Law.

The problem at hand is, murder, rape, kidnapping and etc are included to Heinous Crime but why
Antonio Sanchez availed that kind of privilege?

The timeline is one of the factors where Antonio Sanchez can avail the GCTA, because Mary
Eileen Sarmenta, raped and killed, And Allan Gomez, killed in Laguna on June 28, 1993 and the
decision was rendered.

But before then that kind of crime are not included to Heinous Crimes, basically the Republic of
Philippines defined the Heinous Crimes through Republic Act 7659 (An act to impose the Death
Penalty on certain Heinous Crimes, amending for that purpose the Revised Penal Laws as
amended, other Special dated Dec. 13, 1993 focused on “grievous, odious and hateful offenses

1
https://www.gmanetwork.com/news/news/nation/708322/escudero-gcta-law-s-purpose-is-to-serve-rehabilitative-restorative-justice/story/
2
https://www.bworldonline.com/people-of-the-philippines-vs-the-gcta/
Jacalne, Jericho V. 20140133046

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.”3

In the time where Antonio Sanchez convicted, the crimes of his are not included. That’s the
interpretation of the GCTA. According to Secretary of Justice Menardo Guevarra “It”s been a
tough process interpreting the wordings of the law that has certain ambiguities in its provision. In
the end, however, it is spirit and the intention of the law that guided us in taking a position.”4

In Statutory Construction, his word is categorized in the legal maxim rules, Ratio Legis est
Anima Legis, they interpreted that the reason of the law is the soul of the law, because the
purpose and the intention of the GCTA law is rehabilitative and restorative justice as mentioned,
giving them a second chance.

On the other hand, not only Antonio Sanchez was ordered for release, but also the 3 convicted
for murder of the infamous case of Chiong Sisters. These are Ariel Balansag, Alberto Caño, and
Josman Aznar were ordered to release, this infamous case of Chiong Sister was a rape and
murder of sisters Marijoy and Jacqueline Chiong, the convicted were sentenced reclusion
perpetua or life imprisonment in 1999 but sentence was raised to death penalty because of the
R.A No. 7659 were they defined murder and rape as a part of Heinous Crime subject for Death
Penalty but however, the death penalty was abolished in 2006.5

If Antonio Sanchez can avail the GCTA since at the time of commission of the crime, it was not
defined his crime as part of Heinous Crimes so basically he is not included, if the law allows
that, then so be it, but in the case of Chiong Sisters, the convicted are excluded for the Good
Conduct Time Allowance Law because of Section 1 and the exclusion of Persons charged with
Heinous Crimes, Verba Legis Non Est Recedendum (From the words of the statute, there should
be no departure) The law is clear that Persons charged with Heinous crimes are excluded. As a
general rule in Statutory Construction when the law is clear and unambiguous it should not be
interpreted.

In addition to the facts, I don’t know if they have a problem in the Bureau of Corrections, but
lately this September, the document for the list eligible for early release was announced to the
public and surprisingly the plunder convict Janet Napoles was on the list under GCTA Law, the
charge was not Plunder but rather Rape.

3
https://www.bworldonline.com/people-of-the-philippines-vs-the-gcta/
4
Ibid.
5
https://www.philstar.com/headlines/2019/09/09/1950352/doj-4th-convict-chiong-sisters-case-freed-under-gcta-surrender
Jacalne, Jericho V. 20140133046

Napoles was sentenced to life in prison by the Sandiganbayan in relation to the priority
development assistance fund (PDAF) scam plunder cases of Sen. Bong Revilla, and former
senators Jinggoy Estrada and Juan Ponce Enrile.6

In their defense, either Napoles was on the list or there was an error in encoding, especially since
rape was listed as the case.

Hence, The GCTA Law seems to make sense or are motivated by the best intentions, might very
well have consequences that turn out to be negative.

Implementing Rules and Regulations of Good Conduct Time Allowance Law

Section 7 of R.A No. 10592 talking about the Implementing Rules and Regulation,

“The Secretary of the Department of Justice (DOJ) and the Secretary of the Department
of Interior and Local Government (DILG) shall within sixty (60) days from the approval
of this act, promulgate rules and regulation on the classification system for good conduct
and time allowance as may be necessary, to implement the provisions of the act.”

In the case at bar, Bureau of Corrections Director Faeldon, said that he acted beyond his
authority to release Sanchez, or any other prisoner or detainee without clearance of Secretary of
Justice, Senate Minority Leader Franklin Drilon was the Justice Secretary at the time that
Sanchez was convicted, “Mr. Drilon, in an interview with Karen Davila on ANC on Sept. 6,
talked about delicadeza and propriety in the interpretation of the law. Commenting on
Presidential Spokesman and Chief Presidential Legal Counsel Salvador Panelo’s “referral letter”
to the Bureau of Corrections to “look into” the petition of Sanchez’ wife for the early release of
Sanchez, Mr. Drilon said: “First, it is on the letterhead of Malacañang; second, Panelo was one
of the defense lawyers of Sanchez. The letter should have been signed by someone else. There is
the perception of pressure, by dint of the position of Panelo. Perception is very important in
government.”7

The credibility of judgement of Bureau of Correction Director Faeldon, first he was ejected from
being Director of Bureau of Custom because under his leadership. In May 2017, Customs
officials discovered 5 metal cylinders containing shabu in Valenzuela City which came from
China and went through the Manila International Container Port.8 Afterwards he resigned and
said “This is the best for our country,” and President Duterte complimented him as an “honest
man.”

6
https://news.abs-cbn.com/news/09/11/19/napoles-on-gcta-list-documents-show
7
https://www.bworldonline.com/people-of-the-philippines-vs-the-gcta/
8
https://www.rappler.com/newsbreak/iq/239439-nicanor-faeldon-government-posts-controversies
Jacalne, Jericho V. 20140133046

In 2018, The President appointed him as Deputy Administrator for Operation in Office of Civil
Defense, Nicanor Faeldon was known as a biggest supporter so when he gained confindence
from he was appointed as BuCor Director where according to the information that he signed the
early release of Antonio Sanchez through GCTA Law without the approval of Secretary of
Justice and Secretary of Department of Interior and Local Government within 60 days it is clear
that he violated the process, and he followed the referral letter of Salvador Panelo which is the
Presidential Spokesperson and he is also the lawyer of Antonio Sanchez, but Panelo denied it,
and in the end, the blames will fall under the BuCor Director.

According to the articles in the internet, 20,000 prisoners released through GCTA and 1,914 had
been charged with heinous crimes which are excluded to the GCTA. It is problematic how they
did it, bypassing the law.

President Duterte applied the Section 9 of this Act which is the Repealing Clause where he
publicly asked those prisoners to report to the police immediately or else the prisoners will be
fugitives if they did not surrender.

It will be resolved by making it clear and improve measures under restorative justices because
those prisoners released by the GCTA charged with heinous crimes could compromised the
liberties of people, because this is a matter of national security and public order.

Consider our common rights to life, liberty, and the pursuit of happiness in assurances under the
law that we will be safe and secure, without the feared threat of re-established power and
influence of recidivist criminals freed under the corrupted GCTA.9

9
Ibid.
Jacalne, Jericho V. 20140133046

SOGIE BILL (Senate Bill) Give the legal opinion on the definition of Sex and Gender and
what are the implications with regards to the bill.

Introduction

SOGIE stands for Sexual Orientation and Gender Identity Expression, the purpose of it is to give
a concept to the society that everyone can choose his or her gender not based on biologically but
rather emotionally.

The earliest version of the SOGIE equality bill was filed in 2000 by the late Senator Miriam
Defensor Santiago and former Akbayan representative Loretta Rosales under the 11th Congress.

“Party list Ang Ladlad, which aimed to represent the LGBTQ+ community, files a petition to run
in the 2010 national elections. In ABS-CBN report says the Commission on Elections (Comelec)
denied the petition twice, citing “immorality” as basis. Its registration is eventually granted by
the Supreme Court. The Department of Education issues an order in May 2012 for the protection
of children, including their sexual orientation and gender identity.

In 2013, On August 3, then-Commission on Human Rights (CHR) chair and pioneer SOGIE bill
sponsor Loretta Ann Rosales says the CHR is working on a database on LGBTQ+ hate crimes to
better their prosecution and investigation.

By the end of the same month, then-Laguna representative Sol Aragones introduces House Bill
No. 2572, which would make LGBTQ+ hate crimes an aggravating circumstance for crimes
against persons and chastity.

In 2014, trans-woman Jennifer Laude is murdered by a US Marine on October 11.

Laude’s case catalyzes discussion and action toward advancing transgender rights.

In the local government scene, former Mayor Herbert Bautista signs the gender-fair ordinance in
Quezon City on November 28. Prohibited acts include discrimination against the LGBTQ+ in the
workplace, educational institutions, and in delivery of goods, services, and accommodation.

In 2016, Bataan congressional candidate Geraldine Roman makes history as she takes her seat as
the first-ever elected transgender woman in the House of Representatives in May.

The first Senate version of the anti-discrimination bill is filed on August 11 by Senator Risa
Hontiveros, while its House counterpart remains pending.
Jacalne, Jericho V. 20140133046

In 2017, After 17 years since its first filing, the anti-discrimination bill is passed by the 17th
Congress on its third and final reading on September 20 with a vote of 197-0 in the House of
Representatives.

In 2018, On August 8, CNN Philippines reports that 5 senators who include Hontiveros, Loren
Legarda, Ralph Recto, Franklin Drilon, and Juan Miguel Zubiri express support for the bill.
Opposing senators include Manny Pacquiao, Joel Villanueva, and Senate President Tito Sotto.

The CHR backs the passage of the bill through a position paper dated October 8.

In 2019, the anti-discrimination bill is due for passage by June before the 17th Congress
adjourns. The bill languishes after suffering 3 years of interpellations.

In mid-2019, there is a controversial issues tackling the rights of a transgender, Gretchen Diez is
blocked by a female janitress from using the women’s restroom. The janitress apologizes, but
Diez vows to keep fighting for the rights of her fellow LGBTQ+ members.10

An act prohibiting discrimination of the basis of Sexual Orientation and Gender Identity or
Expression (SOGIE) and providing Penalties therefore

Senate Bill 1271 Section 3 (Definition of Terms)

b.) Gender Expression – refers to the outward manifestation of the cultural traits that
enable a person to identify as male or female according to patters that at a particular
moment in history, a given society defines as gender inappropriate

c.) Gender Identity - refers to the personal sense of identity as characterized, among
others, by manner of clothing, inclinations, and behavior in relation to masculine or
feminine conventions. A person may have a male or female identity with the
physiological characteristics of the opposite sex.

e.) Sexual Orientations – refers to the directions of emotional sexual attraction or

conduct. This can be towards people of the same sex (homosexual orientation) or towards
people of both sexes (bisexual orientation) or towards people of the opposite sex.

Gender Expression and Gender Identity are same and it can describe as LGBTQ+ cross-dresser
can use wigs for gays and the like, even in the public restrooms. In August 13, 2019 Gretchen
Custodio Diez, the transgender woman who was arrested Tuesday, August 13, recounted how

10
https://www.rappler.com/newsbreak/iq/238593-timeline-sogie-equality-philippines
Jacalne, Jericho V. 20140133046

she was prevented from using a women's restroom in a Cubao mall in Quezon City.11 So
basically the primary intention of Gender Expression from the word itself to express his or her
personality and feelings not just emotionally but rather in the outside, their fashion if they are
gays then their fashion is more feminine and some cosmetics which I don’t consider it
appropriate, because what if these so called cross-dresser are entered the ladies comfort room
just to peep or just to stalk someone, the dangers is out there, we cannot limit it because if you
limit it, that is consider discriminatory in the part of the SOGIE bill.

I’m agree to the project and vision of the Secretary of Transportation Arthur Tugade that he
insisted each floor of Paranaque Integrated Terminal Exchange or PITX has three restroom one
for women, one for men and one for all gender.12

If you are a woman and you entered the restroom for all gender, you have discretion about it and
if you offended because you did not want to see their male genitals. That is the risk you took
when you entered the restroom for all gender. I think this is a solution for this restroom issue.

Sexual Orientation is also defining genders according to LGBTQ+ acronyms, genders are not
just 2 but it has (as of now) 63 Genders13 that can fall in love to each other with the same-sex.

One of the implications of this bill is the Section 5 (Discriminatory Practices)

g.) Deny application for or revoke, on the basis of SOGIE, any government license,
authority, clearance, permit, certification, or other similar documents necessary to
exercise a profession, business, or any other legitimate calling.

Government license, it could be driver’s license, business license and etc, but I think in the
government license it is also include the marriage license. In Statutory Construct, we are
applying now the Latin Maxim of Ejusdem Generis where a class of things is followed by
general wording that is not itself expansive, the general wording is usually restricted things of the
same type as the listed items, Like in the case of Mutuc vs. COMELEC14, So basically marriage
license is also a part in the provision of the bill.

Let us clear first, the meaning of marriage under Family Code. Marriage is define as special
contract between man and a woman, In the SOGIE bill, they created a Logrolling doctrine where
the authors created an indirect pre-cursor of another law, so basically under SOGIE bill, under
the provision of this bill, the government or society cannot deny an application for or revoke.
They also can apply for marriage license for same-sex marriage. For example, I am a part of
LGBT and applying for marriage license and the court said “why you guys are both male?” that
is against to the family code, but I said “No. I am a woman because based on my gender and

11
https://www.rappler.com/nation/237701-trans-woman-gretchen-diez-did-not-think-would-be-treated-like-criminal
12
https://www.facebook.com/PhilippineSTAR/posts/department-of-transportation-secretary-arthur-tugade-shows-the-all-gender-
restro/143515887997
13
https://apath.org/63-genders/
14
https://www.lawphil.net/judjuris/juri1970/nov1970/gr_32717_1970.html
Jacalne, Jericho V. 20140133046

based on SOGIE or Anti Discrimination Act.” meaning that passing this bill into law can be a
pre-cursor to accept the same-sex marriage in the Philippines.

Hence, just like I said in the GCTA Law, the lesson to be learned here is even proposal that
seems to make sense or are motivated by the best and good intentions might very well have
consequences that turn out to be negative.

If they passed the SOGIE Bill, that bill is a pre-cursor of LGBTQ+ Laws, which the Philippines
are not yet ready for that transformation.
Jacalne, Jericho V. 20140133046

The case of Grace Poe’s citizenship, focus on the word “foundling”

Introduction:

It is started when Mary Grace Natividad S. Poe-Llamanzares known as “Grace Poe” filed her
Certificate of Candidacy on the Presidential Election in 2016,

In the case of Poe-Llamanzares vs. COMELEC, that she is not qualified to run as presidential
candidate because of her citizenship. In accordance to her civil title as “foundling” and her
voluntary renounciation of her citizenship as a natural born citizen and she became an U.S
Citizen and she settled her life in United States for a very long time.

She returned in the Philippines because of his adoptive father, Ronald Allan Kelley Poe known
as (Fernando Poe Jr.) have a deteriorating medical condition.

After the death of his adoptive father, she returned officially to the Philippines and took her Oath
of Allegiance to the Republic pursuant to RA No. 9225 or Citizenship Retention and Re-
acquisition Act of 2003 on 2006, Under the same Act, she filed with the Bureau of Immigration a
sworn statement petition to re-acquire Philippine Citizenship, As can be gathered from July 2006
Order. Bureau of Immigration acted favorably on Grace Poe’s petition and declared that she is
deemed to have reacquired her Philippine citizenship.

On 2012, Grace Poe filed with the COMELEC her Certificate of Candidacy for Senator for the
2013 Election wherein she answered “6 years and 6 months” to question “Period of residence in
the Philippines before May 13, 2013, which the COMELEC allowed, Grace Poe obtained the
highest number of votes and was proclaimed Senator.

On 2015, Grace Poe filed again her Certificate of Candidacy as presidential candidate in
Presidential Election on 2016. She declared that she is natural-born citizen and that her residence
in the Philippines up to the day before May 9, 2016 would be 10 years and 11 months counted
from May 24, 2005.15

Grace Poe on “Foundling”

One of the respondent filed Petitioner for Certiorari, Estrella Elamparo who said that Grace Poe
is cannot be considered as natural-born on account of the fact that she was a foundling.
Elamparo claimed that international law does not confer natural-born status and Filipino
citizenship on foundlings, Following this line of reasoning, petitioner is not qualified to apply for
reacquisition of Filipino citizenship under R.A. No. 9225 for she is not a natural-born Filipino

15
https://lawphil.net/jujuris/juri2016/mar2016/gr_221697_2016.html
Jacalne, Jericho V. 20140133046

citizen to begin with. Even assuming arguendo that petitioner was a natural-born Filipino, she is
deemed to have lost that status when she became a naturalized American citizen. According to
Elamparo, natural-born citizenship must be continuous from birth. 16

The second respondents filed by Francisco Tatad, Antonio Contreras and Amado Valdez, where
they theorized that since the Philippines adheres to the principle of jus sanguinis, persons of
unknown parentage, particularly foundlings, they also invoked the rule of statutory construction,
through the legal maxim of Expressio Unius Est Exlusio Alterius, means the exclusion of others
not expressly mentioned so basically what is not included is excluded.

They also averred that the fact that foundlings were not expressly included in the categories of
citizens in the 1935 Constitution is indicative of the framers’ intent to exclude them.

They also said that neither, Grace Poe can seek refuge under international convention or treaties
to support her claim that foundlings have nationality. According to Francisco Tatad, International
conventions and treaties are not self-executory and that local legislations are necessary in order
to give effect to treaty obligations assumed by Philippines

Similar to Elamparo’s Argument, Tatad claimed also that Grace Poe cannot avail of the option to
re-acquire Philippines cititzenship under R.A No. 9225 because it only applies to former natural-
born citizen and Grace Poe was not as she was a foundling.

Prior to the Family Code, Under domestic adoption, it defines the foundling, refers to a deserted
or abandoned infant or child whose parents, guardian or relatives are unknown; or a child
committed to an orphanage or charitable or similar institution with unknown facts of birth and
parentage and registered in the civil registered as a “foundling.”17

I think, Grace Poe was entitled to be a natural-born Filipino citizen, despite the fact the she
renounced her Filipino citizenship and converted as U.S Citizen nonetheless The Republic of
Philippines cannot deny Grace Poe to her rights as natural-born even though she was a foundling
which I agree the defense of Grace Poe in respond to her allegations, that customary law dictates
that foundlings are entitled to a nationality and are presumed to be citizen of the country where
they are found. That’s why the Presidential Electoral Tribunal affirmed the petition of Grace Poe
to be natural-born again and the court said,

“We find no such intent or language permitting discrimination against foundling. On the
contrary, all three Constitutions guarantee the basic rights to equal protection of the law.
All exhort the state to render social justice. Of special consideration are several
provisions in the present charter: Article II, Section 11 which provides that the “State
values the dignity of every human person and guarantees full respect of human rights.”

16
ibid
17
Person and Family Relation, Melencio Sta. Maria, Jr, Fifth Edition, 2010, Pp. 713
Jacalne, Jericho V. 20140133046

Article XIII, Section 1 which mandates Congress to “give highest priority to the
enactment of measures that protect and enhance the right of all people to human dignity,
reduce social economic and political inequalities.” And Article XV, Section 3 which
require the State to defend the “right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation
and other conditions prejudicial to their development.” Certainly, these provisions
contradict an intent to discriminate against foundling”

Domestic laws on adoption also support the principle that foundlings are Filipinos. These laws
do not provide that adoption confers citizenship upon the adoptee. Rather, the adoptee must be a
Filipino in the first place to be adopted. The most basic of such laws is Article 15 of the Civil
Code which provides that "laws relating to family rights, duties, status, conditions, legal capacity
of persons are binding on citizens of the Philippines even though living abroad." Adoption deals
with status and a Philippine adoption court will have jurisdiction only if the adoptee is a
Filipino.18

This court therefore define the foundlings,

“Foundlings are likewise citizens under international law. Under the 1987 Constitution,
an international law can become part of the sphere of domestic law either by
transformation or incorporation. The transformation method requires that an international
law be transformed into a domestic law through a constitutional mechanism such as local
legislation. On the other hand, generally accepted principles of international law, by
virtue of the incorporation clause of the Constitution, form part of the laws of the land
even if they do not derive from treaty obligations. Generally accepted principles of
international law include international custom as evidence of a general practice accepted
as law, and general principles of law recognized by civilized nations. International
customary rules are accepted as binding as a result from the combination of two
elements: the established, widespread, and consistent practice on the part of States; and a
psychological element known as the opinionjuris sive necessitates (opinion as to law or
necessity). Implicit in the latter element is a belief that the practice in question is rendered
obligatory by the existence of a rule of law requiring it. "General principles of law
recognized by civilized nations" are principles "established by a process of reasoning" or
judicial logic, based on principles which are "basic to legal systems generally,” such as
"general principles of equity, i.e., the general principles of fairness and justice," and the
"general principle against discrimination" which is embodied in the "Universal
Declaration of Human Rights, the International Covenant on Economic, Social and
Cultural Rights, the International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention Against Discrimination in Education, the Convention
(No. 111) Concerning Discrimination in Respect of Employment and Occupation." These

18
https://lawphil.net/jujuris/juri2016/mar2016/gr_221697_2016.html
Jacalne, Jericho V. 20140133046

are the same core principles which underlie the Philippine Constitution itself, as
embodied in the due process and equal protection clauses of the Bill of Rights.”

Hence, Grace Poe was legally adopted so basically the title of her being foundling was
automatically vanished because under our law whoever adopted parents adopt her, the
citizenship of adopter will become the citizenship of the adoptee same as if they really proved
that Grace Poe is foundling, As her defense to the allegation that under the customary law
dictates that foundlings are entitled to a nationality and are presumed to be citizen of the country
where they are found. So the Constitution said that the government must protect all its
inhabitants, protect their basic rights and give them equal protection.

So Grace Poe is legally natural-born citizen.