Former Mayor and Convicted Rapist and Killer Antonio Sanchez will NOT likely Walk Free

Guevarra: “Former Mayor Sanchez, convicted rapist and killer of Eileen Sarmenta and Allan Gomez, will likely walk free.” https://www.philstar.com/headlines/2019/08/21/1945203/ex-mayor-antonio-sanchez-set-release?fbclid=IwAR2cr63xuNPtZ5DdtC2kONDJD85d3b6DJA7Lsu9gDoLzU1wZa2wCtD4XexI

Words of the lead authority brought the victims’ families to the deepest of despairs, and back to the memory of the ghastliest crime of its time. 

But it’s outrageously premature, and if you consider Guevarra’s use of the adjective “likely” to describe the alleged possibility of Sanchez’s walking free, it sounds irresponsibly biased. 

The truth is, it is a 50-50 chance at best, and the victims’ families should have been spared the harrowing ordeal of reliving the torment of the moment.

The law itself, RA 10592, while increasing the sentence deduction allowed for good conduct, amending article 97 of the Revised Penal Code, provides for conditions for a prisoner or a person deprived of liberty (PDL) to qualify, or be eligible to benefit from this law. That is, among others, that he agrees in writing and with assistance of counsel to abide by the disciplinary rules imposed on convicted prisoners, and that he is not a recidivist, or have been convicted previously twice or more times of any crime; and finally that he is not a recidivist, habitual delinquent, escapee, and is not charged with a heinous crime.

Given these conditions and knowing Sanchez’s notorious and murderous past, the prospect of him walking free is not that rosy at all.  

We may recall that in 1991 or two years before the Sarmenta rape-slay, Sanchez was indicted for ordering the killing and deaths of father and son Nelson and Rickson Penalosa—apparently Nelson was a political leader and supporter of Sanchez’s political rival. Sanchez’s conviction in the Sarmenta rape-slay case became final sometime in 2001, while his conviction in the Penalosa double murder case became final in 1999. 

The law defines recidivist as one who, at the time of his trial for one crime, shall have been convicted by final judgment of another crime embraced in the same title of the Code. Sanchez may be considered a recidivist since he was convicted, successively, of the crimes of double murder and rape with homicide. Rape, by the enactment of amendatory law, RA 8353, has been reclassified as a crime against person, bringing it to “within the same title,” title eight, of the Code, as required by the definition of recidivist. 

Sanchez could also be covered by the second phrase “have been convicted previously twice or more times of any crime,” since Sanchez was previously convicted of two murders, and alternatively, we know too, that he’s been indicted for possession of marijuana in 2006, and for possession of P1.5m worth of shabu in 2010, and presumably for a graft case, since there was forfeiture of his ill-gotten wealth, depending on whether the conviction for the latter cases came earlier.

Significantly, the law excepts from the coverage of the law those who have been charged with a heinous crime. Sanchez have not only been charged, but have been convicted, of heinous crimes, the rape-slay of Sarmenta, with Sanchez’s six conspirators and co-accused taking turns in raping the hapless Sarmenta before killing her, and ending with the killing of Sarmenta’s friend and companion, Gomez, and the senseless murder of the Penalosas.

Obviously, that Sanchez was found in possession of marijuana, of shabu, and a flat-screen television, an air conditioner, and a refrigerator in his cell, in separate instances and all while he was in detention serving sentence, he could not be said to have abided by the rules (and the laws), or have exhibited good behavior. 

For these reasons, the cards are stacked against Sanchez, and the victims’ families can take comfort that it is not a lost fight, not by a long shot. They must take a proactive stance, though. They manifest their objection, and impress upon the authority their intent to see the law’s strict application through every step of the way to ensure that Sanchez will not unduly benefit from this law.