THE Department of Justice (DOJ) is expected to come up with its recommendations on who among the officials and personnel of the Bureau of Corrections (BuCor) should be held administratively or criminally liable for the “escape” of former Batangas governor Antonio Leviste from the New Bilibid Prison (NBP) on May 18.

The five-man fact-finding committee finished on Wednesday its investigation into Leviste’s “escape” after putting BuCor Director Ernesto Diokno on the hot seat.

Diokno, who went on leave on Monday pending the outcome of the investigation, is being criticized for the alleged special privileges accorded to Leviste and other high- profile prisoners.

In an interview, Justice Undersecretary Francisco Baraan III, who was tasked to oversee the probe, said the panel’s recommendations would be submitted to President Aquino either Thursday or Friday.

Baraan said it would be up to the President to disclose to the media the committee’s findings.

Baraan said he is satisfied with the committee’s handling of the investigation, describing it as “very comprehensive.”

He admitted that there were indications during the course of the investigation that there were lapses committed by some personnel of the NBP that gave Leviste an opportunity to make unauthorized trips outside the NBP.

“We are ready to make our recommendations if not Thursday, maybe Friday….We will identify who should be held liable administratively or criminally,” Baraan added.

Aside from determining the persons to be held liable for Leviste’s escape, Baraan said the other part of the report will focus on policy recommendations.

Baraan said the committee will come up with proposals on other measures to be implemented at the NBP to prevent a similar incident in the future.

During Wednesday’s investigation, Diokno washed his hands over Leviste’s “escape,” saying that his subordinates were the ones to blame for it.

In particular, Diokno said the panel should focus its investigation on the culpabilities of the NBP minimum-security superintendents, the officers of the Bureau of Reservation and Support Services (BRSS) and the NBP chief, Supt. Ramon Reyes.

“I should not be blamed, because [as BuCor director] my duty is just policy-making and it just happened that my office is situated at the NBP building,” Diokno told the panel.

However, the panel’s chairman, State Prosecutor Susan Dacanay, said based on the prison manual, the BuCor director has “encompassing power” to ensure that his policies and prisons rules are being implemented by his subordinates.

“You have a big responsibility. You are not merely a figurehead there. You have specific functions stated by the law. This does not only involve policy, but also to ensure the implementations of prisons’ rules and regulations,” Dacanay said.

Diokno added that he had not been remiss in performing his duties as he even created a special investigation team to look into reports of unauthorized trips out of the NBP by some high-profile prisoners, including Leviste.

Diokno added that he even issued several memoranda directing prison personnel to monitor the movements of high-profile prisoners and to limit entry at the central gate of people without seeking prior clearance from NBP officials.

Leviste, who was ordered imprisoned in 2010 after being found guilty of killing his former aide Rafael de las Alas on January 12, 2007, was arrested by agents of the National Bureau of Investigation (NBI) on Wednesday last week outside the LPL Building in Makati, which he owns.

The former governor was supposed to be serving his 12-year sentence inside the NBP’s medium-security compound but has been accorded a “living-out status” by the BuCor.

A complaint of evasion of service of sentence was immediately filed before the DOJ by the NBI against Leviste and his driver Nilo Solis.

Under Article 157 of the Revised Penal Code, the penalty of prision correccional in its medium and maximum periods, which ranges from two to six years, shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his imprisonment.