MANILA, Philippines – Former cop Jimmy Fortaleza, a person deprived of liberty (PDL) who is one of the witnesses in the House of Representatives’ probe into extrajudicial killings mainly during the Duterte administration, has been freed from prison, the Bureau of Corrections (BuCor) announced on Friday, September 27.
BuCor chief Gregorio Catapang Jr. said Muntinlupa City Regional Trial Court Branch 206 Presiding Judge Gener Gito granted Fortaleza’s petition for writ of habeas corpus — an extraordinary writ used against illegal detention — in a decision dated September 23. Fortaleza, in his petition, had asked the court to compute his special time allowance for loyalty (STAL).
STAL is different from Good Conduct Time Allowance. It is another privilege that enables convicted PDLs to shorten their sentence.
Fortaleza was convicted of three counts of murder and two counts of arbitrary detention and sentenced to reclusion perpetua.
Fortaleza had asked the court’s intervention to compute his sentence and facilitate his freedom.
The court applied STAL and ruled that the former cop was entitled to 4/5 reduction of his sentence of 32 years. Upon computation, the court said that Fortaleza was supposed to serve eight years.
Fortaleza served time in Davao Prison starting June 8, 2008 and was later transferred to Sablayan prison in Occidental Mindoro. Based on the court’s computation of time spent behind bars, including detention in Manila City jail, he has already served 10,748 days or 29 years, five months, and 13 days. Thus, the former cop has already served his sentence, the court said.
Since his petition was granted, Fortaleza has been ordered released by the court. As of writing, the former cop was still under the House’s custody. The BuCor said it will inform the quad committee about the court’s decision.
There’s no reason now for the House and BuCor to hold him under their custody.
Fortaleza serves as a witness in the House probe that is also investigating the killing of three Chinese drug lords in Davao Prison in 2016. It was Fortaleza who confirmed that his classmate, former police colonel and Philippine Charity Sweepstakes Office general manager Royina Garma, visited him in prison.
Fortaleza’s phone was also used by Garma in communicating with the then-prison warden, Corrections Senior Superintendent Gerardo Padilla, in relation to the killing.
In his affidavit, Fortaleza also said Garma asked him where the drug lords were detained. Fortaleza claimed that Garma allegedly told him that she had an “operation” against these Chinese drug lords. Garma confirmed that she visited Fortaleza in July 2016, but said it was only to visit him and asked how their batch can help. – Rappler.com
