Administrative raps filed vs 5 Bilibid execs over Leviste caper

(Updated 3 p.m.) The Department of Justice (DOJ) has lodged separate administrative complaints against five New Bilibid Prison personnel over the unauthorized departure of former Batangas Gov. Jose Antonio Leviste outside the national penitentiary last May. At a news briefing, Justice Undersecretary Francisco Baraan III announced that Justice Secretary Leila de Lima issued formal charges of grave misconduct, gross neglect of duty, and conduct prejudicial to the best interest of service against the following:

New Bilibid Prison head Chief Superintendent Ramon Reyes,

Former NBP head Chief Superintendent Armando Miranda,

Bilibid Reservation Security Service (BRSS) chief Dante Cruz,

NBP minimum security head Roberto Rabo, and

Prison guard Fortunato Justo, the custodian tasked to monitor Leviste's whereabouts. Justo is also facing a separate criminal complaint of infidelity in the custody of prisoners for his failure to prevent Leviste from leaving the NBP compound on May 18. Baraan said that the five individuals will be placed under preventive suspension for 90 days upon receipt of the formal notice of the administrative charges against them. The administrative proceedings will be handled by the DOJ, which supervises the Bureau of Corrections. The bureau, in turn, runs the NBP in Muntinlupa City. In Department Order No. 665 dated August 2, 2011, De Lima also designated State Counsel Amanda Garcia and Attorneys V Rafael Villanueva and Amelia Ponio as hearing officers to conduct the administrative investigation. Baraan clarified that then BuCor head Ernesto Diokno can no longer be sanctioned because his resignation at the height of the controversy on Leviste's unauthorized departure extinguished him of any administrative liability. DOJ probe The filing of administrative charges against the five prison officials stemmed from the recommendation of a DOJ panel that looked into Leviste's so-called caper and the alleged special treatment accorded to moneyed inmates like Leviste. The fact-finding panel, led by Senior State Prosecutor Susan Dacanay, also studied the possible reforms that can be implemented at the national penitentiary. In a 36-page report, the fact-finding panel said Justo committed gross neglect of duty when he failed to monitor the former governor's whereabouts on May 18. The panel said that had Justo fully discharged his duties, Leviste would not have walked in and out of the national penitentiary. The panel likewise noted that Justo's testimony during the hearings was "full of inconsistencies" and "runs counter to his incident report, which casts doubt on the veracity of his claim that he was not remiss in the performance of his duties." The panel added that former NBP head Miranda "clearly had a direct hand" in giving special treatment to Leviste, who entered Bilibid during Miranda's tenure. . The panel then said that Miranda's successor, Reyes, should be held liable for his failure "to exercise his duty as he did not cause the cancellation or revocation of the privilege status granted to Leviste despite receiving reports of inmate Leviste's out-of-jail trips." Cruz and Rabo were held administratively liable in their capacities as former and incumbent heads, respectively, of the minimum security compound, where "living out" prisoners stay. A "living out prisoner" is a minimum security prisoner who is allowed to roam around the Bilibid premises but who must report back to the minimum security camp before nighttime. On the other hand, a "sleep out" prisoner has more privileges because he can live out and sleep out of the minimum security compound 24 hours a day. However, the panel noted that such privilege is not found in BuCor's latest manual. — KBK, GMA News