Itaas case: Judge frees convicted killer of US colonel after 32 years in prison

From the Business Mirror (Dec 20, 2021): Itaas case: Judge frees convicted killer of US colonel after 32 years in prison (By JOEL R. SAN JUAN)

THE Regional Trial Court (RTC) of Muntinlupa has granted the petition for the issuance of the writ of habeas corpus filed by Juanito Itaas, one of the convicted killers of US Army Col. James N. Rowe on April 21,1989, and ordered his immediate release from prison.


In a 28-page order by Muntinlupa RTC Branch 204 Presiding Judge Gener Gito, the trial court also declared as invalid for being ultra vires Section 2, Rule IV of the 2019 Amended Implementing Rules and Regulations of Republic Act No. 10592 or the Expanded Good Conduct Time Allowance (GCTA) law.

The said provision expands the exceptions from the benefits provided by RA 10592 by barring the application of the GCTA to those convicted of heinous crimes.

Respondents Bureau of Corrections Director-General Gerald Bantag and New Bilibid Prison Superintendent Ricardo Zulueta, represented by the Office of the Solicitor General, have opposed Itaas’ release despite the latter having served his sentence already on the basis of Section 2, Rule IV of the amended IRR of RA 10592.

The respondents insisted that Itaas’ crime is considered a heinous crime.




However, the trial court stressed that under RA 10592, the benefits of GCTA are not available only to those who are recidivists, habitual delinquents, escapees and persons charged with heinous crimes.

The trial court agreed with the contention of Itaas that there is nothing in the law, which prohibits those convicted of heinous crimes from the benefits of GCTA.

Even if Section 2, Rule IV of the amended IRR of RA 10592 is valid, the trial court said, this couldn’t be applied retroactively to cover the case of Itaas.

“Thus, Section 2, Rule IV of the 2019 Amended IRR expands the coverage of the exceptions under the law. It provides for exceptions, which are not contemplated by the law. It enlarges the law. Therefore, Section 2, Rule IV of the 2019 Amended IRR should be declared invalid for being contrary to the law it seeks to implement,” the trial court ruled.

Itaas, a member of the New People’s Army (NPA), was charged and convicted for Rowe’s murder and frustrated murder of Rowe’s driver Joaquin Binuya in a ruling issued by the Quezon City RTC on February 27, 1991.

Rowe was then the deputy commander of the Joint US Military Advisory Group (JUSMAG) in the Philippines when he was killed in an ambush.

The NPA claimed responsibility over Rowe’s murder.

Itaas was sentenced to suffer the penalty of reclusion perpetua for Rowe’s murder and imprisonment for 10 years to 17 for the crime of frustrated murder against Binuya.

On appeal, the Supreme Court affirmed the conviction of Itaas for as well as the penalty of reclusion perpetua imposed by the QC RTC.

However, the decision of the said court convicting Itaas for the crime of frustrated murder was modified, and he was convicted only of attempted murder for which he was sentenced from six to nine years and six months.

In computing the GCTA, which Itaas has already earned, the Court used as reference the actual time served as reflected in his prison record, which is 32 years, one month and 12 days as of October 9, 2021.

The trial court said Itaas is entitled to 10,758 days or 29 years, five months and 23 days reduction from his sentence by way of GCTA.

Under the two convictions, Itaas has to serve a total of 39 years and six months imprisonment.

“Considering that he has already served thirty-two [32] years, one [1] month and twelve [12] days and applying GCTAs he has already earned, which is ten thousand seven hundred fifty-eight [10,758] days or twenty-nine [29] years, five [5] months and twenty-three [23] days, Mr. Itaas is deemed to have already served his sentence for his two convictions,” the trial court ruled.

 
https://businessmirror.com.ph/2021/12/20/itaas-case-judge-frees-convicted-killer-of-us-colonel-after-32-years-in-prison/