Inmate deaths House probe pushed; DOJ sets protocols

CALLS for a congressional inquiry into the controversial deaths of nine high-profile inmates mounted on Tuesday, as the Department of Justice moved to lay down strict protocols for handling suspected Covid-19 cases in the New Bilibid Prison.

Justice Secretary Menardo Guevarra directed the Bureau of Corrections (Bucor) to guarantee the presence of a Department of Health (DOH) representative during the conduct of swab tests for Covid-19 following the deaths of nine high-profile inmates, including drug convict Jaybee Sebastian.

Guevarra also formally issued a department order giving the National Bureau of Investigation (NBI) 10 days to submit its initial report of its probe into the deaths of Sebastian and the others. The high-profile inmates are among a total of 21 whom the Bucor reported earlier as having succumbed to Covid-19.

The DOJ secretary issued the order after meeting with Bucor Director General Gerald Bantag on Monday to discuss the Covidrelated deaths in the Bucor and other pressing matters.

“This will be the subject of our next meeting. For now, we have instructed the Bucor to ensure the presence of a DOH representative during the conduct of swab tests within their facilities and to exert greater efforts to immediately notify the members of deceased inmates’ families prior to cremation,” Guevarra said.

On the other hand, the NBI’S Death Investigation Division (DID) is likely to handle the inquiry.

Guevarra said the NBI is tasked to determine if there were irregularities concerning these deaths.

Sebastian reportedly died of a heart attack while battling Covid-19 last July 17 and his remains were cremated within hours, following strict health protocols. However, since the documentation of the handling of his cadaver was limited to a few parties, speculations arose that it might not have been him.

Sebastian became famous when he testified in a congressional inquiry that detained opposition Sen. Leila de Lima, when she was still Justice secretary, had abetted his and several inmates’ in-prison drug trade, supposedly to raise funds for her Senate election. She won a Senate seat, but was just less than year into her term when she was arrested on drugrelated charges that she and the minority had tagged as political persecution.

Data privacy not an issue

“NBI Officer in Charge Eric Distor is hereby directed and granted authority to conduct an investigation on the reported deaths of high-profile PDL Jaybee Sebastian and eight others convicted of offenses involving illegal drugs, who allegedly died due to the coronavirus disease 2019 [Covid-19] or complications therefrom, and if evidence warrants, to file the appropriate charges against all persons involved and found responsible for any unlawful act in connection therewith,” the DOJ order read.

Guevarra also agreed with National Privacy Commission (NPC) Commissioner Raymund Liboro’s position the Data Privacy Act of 2012 is not a hindrance to releasing information about Sebastian, who is already a public figure because of his involvement in previous national issues.

“At least with respect to Jaybee Sebastian, who was supposed to testify for the people in the cases against Senator Leila de Lima at the time of his death, I certainly agree with Commissioner Liboro’s statement. As to the eight others who were already serving sentence for drug offenses at the time of their death, it may be prudent to await the results of the NBI investigation first,” the DOJ chief added.

The 40-year-old Sebastian was convicted in 2009 of kidnap-for-ransom and carjacking. He is a witness and coaccused in one of the drug charges filed against de Lima before the Muntinlupa City Regional Trial Court (RTC).

In the case, de Lima is accused of conspiring with Sebastian, former Bureau of Corrections (Bucor) chief Jesus Bucayu, Bucayu’s former staff Wilfredo Elli, her former driver and lover Ronnie Dayan, de Lima’s former security aide Joenel Sanchez, and Jad de Vera in the proliferation of illegal drugs inside the NBP. Money raised from this drug trade were allegedly meant to fund her 2016 senatorial bid.

Guevarra, however, said the case against de Lima will not be affected by Sebastian’s death. “Jaybee Sebastian is only one in an array of witnesses against Senator de Lima. His loss does not affect in any significant manner the overall strategy of the prosecution in the pending criminal cases.”

IBP stand

INTEGRATED Bar of the Philippines (IBP) National President Domingo Egon Cayosa supported a thorough investigation to determine if the nine high-profile inmates really died due to Covid-19.

Even before the pandemic, Cayosa said there had been rumors of PDLS receiving unwarranted privileges; or able to continue with their illicit business transactions from inside prison. There are also speculations that some PDLS have secretly been illegally freed.

“The Data Privacy Law should not be misused to blur the accountability of public officers, thwart the constitutional right to information on matters of public concern, or disregard the personal interest of the victims and all those who labored to hold the guilty liable. Transparency should instead be promoted to help heal and disinfect our seriously ailing prison system,” he said.

Lawmakers’ call

LAWMAKERS on Tuesday called for a “thoroughprobe”onthereporteddeaths of high-profile drug lords in prison.

House Assistant Majority Leader and ACT-CIS Party-list Rep. Niña Taduran and Deputy Minority Leader and Bayan Muna Rep. Carlos Isagani Zarate sought full transparency in the cases involving suspected and confirmed Covid-19-related deaths of inmates at the NBP.

Taduran said a congressional inquiry should be called to investigate the deaths and verify if protocols were followed in relation to this.

Taduran added the Data Privacy Act should not be used as an excuse for not revealing relevant details of all the inmates who have been cremated at the Panteon de Dasmariñas in Cavite.

“All avenues must be explored in the interest of transparency. It is alarming that high-profile inmates have been dying allegedly due to Covid-19 since May and we have been kept in the dark until a newspaper reported Jaybee Sebastian’s death and cremation,” she added.

In this special case, the lawmaker said witnesses, including a relative of

the deceased, should be present at the cremation and there should be a protocol to prove the death of an inmate.

For his part, Zarate said “there seems to be something off with the supposed deaths of nine drug lords, among them Jaybee Sebastian, who was convicted of kidnapping-for-ransom and carjacking in 2009. Is it mere coincidence that major drug lords just supposedly died at around the same time of Covid-19 with no autopsy nor witnesses to prove that they really died because their bodies were supposedly cremated immediately.”

Zarate also sought a full investigation on the murder of a 29-year-old Bucor officer. Corrections Officer 1 (CO1) Edmund Molina was found dead with a gunshot wound to the head inside the NBP in Muntinlupa City last Wednesday evening.

“Add to these that just last year paying for early release of heinous crimes convicts hit the headlines as well as the fact that faking one’s death is a thriving industry in the country as stated by a United Kingdom newspaper the Telegraph reported,” added the Davaobased solon.