State lawyers to contest early release of Rowe gunman

From the Philippine News Agency (Dec 21, 2021): State lawyers to contest early release of Rowe gunman (By Benjamin Pulta) 

State lawyers have filed a motion asking the Muntinlupa Regional Trial Court (RTC) to reconsider its decision ordering the release of the accused in the April 1989 murder of American military adviser, Col. James Rowe, in Quezon City.

In its 28-page decision dated November 8, Muntinlupa RTC Judge Gener Gito ordered the release of Juanito Itaas, who is deemed to have already served his sentence under the Good Conduct Time Allowance (GCTA) rules.

Itaas has served 32 years, 1 month and 12 days of the total 39 years and six months of his sentence.

Under the GCTA, he would be credited with 10,698 days or the equivalent of 29.31 years since his arrest on Aug. 27, 1989.

“I have been informed that the OSG (Office of the Solicitor General) has filed an MR (motion for reconsideration) in the trial court, arguing that petitioner is not due for release from prison yet,” Department of Justice Secretary Menardo Guevarra told reporters via text message on Tuesday.

Guevarra said state lawyers will also appeal the portion of Gito’s order declaring invalid a portion of the 2019 implementing rules and regulations (IRR) of the GCTA law or Republic Act (RA) 10592, which allows for a reduction of sentences of persons deprived of liberty, depending on how well they abide by rules and regulations inside any penal institution, rehabilitation, or detention center or any other local jail.

Citing the amended IRR, Gito said the provision “should be declared invalid for being contrary to the law it seeks to implement.”

Gito pointed out that the provision of the IRR is based on Section 1 of RA 10592 which amended Article 29 of the Revised Penal Code (RPC) that provides that credit for “preventive imprisonment will be deducted for the penalty of reclusion perpetua” but “recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of this Act.“

“It is, however, the view of the Court that the phrase ‘provided, finally, that recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of this Act’ cannot be used as justification for the expansion of the exceptions from the benefits provided by RA 10592. This phrase properly pertains only to those accused covered by Article 29 of the RPC – those who are undergoing preventive imprisonment,” he explained.

“In any event, only the SC (Supreme Court) can determine with finality any issue of constitutionality,” Guevarra said.

Itaas was convicted by the Quezon City RTC Branch 88 in February 1991 for Rowe’s death and the injuries sustained by his Filipino aide, Joaquin Binuya.

Rowe, a West Point graduate and one of only a handful of Americans to escape captivity during the Vietnam War, was a military adviser to the Philippines at the time of his killing by the New People’s Army assassin.

He was 51.

Itaas’ co-accused, Donato Continente, was released from prison in 2005 after it was determined that he was only an accomplice.

https://www.pna.gov.ph/articles/1163368