Officials and personnel from the Bureau of Corrections and the New Bilibid Prison may be criminally liable for their failure to monitor the whereabouts of former Batangas Gov. Antonio Leviste, a convicted killer who was caught outside the national penitentiary last week. Speaking to reporters on Wednesday, Department of Justice Undersecretary Francisco Baraan III said the fact-finding panel looking into the incident has an "accurate reading" of who should be held accountable for Leviste's so-called caper in Makati City last May 18. "We saw who had shortcomings and who have criminal liabilities and administrative [liabilities], of course," said Baraan, the official tasked to oversee the panel's proceedings. Baraan, however, did not identify the personalities who may be criminally liable and the nature of the criminal charges that may be filed. He said the while the panel has five days to complete its report, it can already submit the report to President Benigno Aquino III on Thursday. The panel's report is still subject to the president's review.
3-day probe The DOJ fact-finding panel ended on Wednesday its three-day investigation that looked into Leviste's unauthorized trip outside Bilibid. Leviste faced the panel last Monday and said he
mistakenly thought he was part of the BuCor family and entitled to leave the sprawling NBP reservation without permission. He also took all the blame for his unauthorized departure, saying prison officials should not be penalized for it. That same day, members of the panel pointed out that the "sleep out" privilege accorded to inmates like Leviste
may be prone to abuse because of the lack of standard on who should qualify for such privilege. On the second day of the panel's hearings, Leviste's custodian, Fortunato Justo,
admitted that he was not aware that the former governor slipped out of his watch. It was also revealed that Justo may have given Leviste special treatment because Leviste's "sleep out" companions were Leviste's choice and were assigned to the former governor on the recommendation of Justo himself. On Wednesday, Diokno insisted
he is not to blame for Leviste's unauthorized departure because he was only involved in the BuCor's policy-making aspect. But panel head Senior State Prosecutor Susan Dacanay found Diokno's explanation "unacceptable." Dacanay said Diokno's duties as BuCor chief also encompass the enforcement of penal laws and policies.
Revised Penal Code The Revised Penal Code provides for sanctions on the "infidelity of public officers" who handle inmates. Article 223 of the code penalizes" any public officer, who shall consent to the escape of a prisoner in his custody or charge, shall be punished." Article 224, meanwhile, penalizes an officer whose negligence led to the escape or evasion of a prisoner. The DOJ has already filed a criminal case against Leviste for the evasion of the service of his sentence. His "escape" from Bilibid was in violation of Article 157 of the Revised Penal Code.
— KBK, GMA News 
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