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Showing posts with the label supreme court of the philippines

P v Guinto decision: I beg to disagree in part with the SC En Banc (application of GCTA)

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P v Guinto decision: I beg to disagree in part In excluding the persons charged with heinous crime, who agreed in writing to abide by the same disciplinary rules imposed upon convicted prisoners, in availing credits for preventive imprisonment through the decision reached in P v Guinto, En Banc , GR 249027 and 249155, 3 April 2024[1] and the consequent issuance of 2024 IRR of RA 10592 thereafter, disregard the intent of RA 10592.   The Guinto case was brought by the convicted prisoners who were released by virtue of RA 10592 but were excluded in the 2019 IRR. The portion of the 2019 IRR was nullified in so far as it disqualifies persons deprived of liberty who are subsequently convicted by final judgment. Justice Leonen has a dissenting opinion while Chief Justice Gesmundo and Justice Caguioa have concurring opinions and all support the dispositive portion.   It was a surprise how our esteemed justices missed another way of giving life to the words and intent of RA...