JUSTICE Secretary Leila de Lima on Monday joined calls for Bureau of Corrections (BuCor) Director Ernesto Diokno to consider leaving his post following the scandal over the unauthorized “furlough”  from the New Bibilid Prisons (NBP) of former Batangas governor Antonio Leviste.

This developed as Diokno filed his leave of absence pending the result of the investigation being conducted by the six-man fact-finding committee to determine who should be sanctioned for allowing Leviste to leave the NBP premises.

Justice Undersecretary Francisco Baraan III, according to de Lima, is likely to temporarily assume the duties of Diokno.

At a press briefing, de Lima admitted asking Diokno to consider leaving his post “to shield the President from further controversy.”

The Department of Justice (DOJ) chief noted that the Leviste issue is being used by some detractors of the administration to criticize President Aquino.   

“For the sake of the President, he should consider resigning but again it’s a personal decision on his part. We can’t force him to resign. We are giving him an opportunity to air his side,” de Lima said.

De Lima said Diokno told her that he is not contemplating on resigning as of the moment as he is focusing on proving before the bodies investigating the incident that there was no negligence on his part.

During their meeting at the DOJ, Diokno also presented to the DOJ several issuances he made, warning prison personnel against giving special privileges to high-profile prisoners.

Leviste, who was supposed to be serving his 12-year jail sentence after being found guilty of killing Rafael de las Alas on January 12, 2007, was arrested by the agents of the National Bureau of Investigation (NBI) on Wednesday outside the LPL Building in Makati, which he owns.

The former governor, who has been accorded “sleep out,” admitted that he left the NBP premises without permission from BuCor officials as he was in a rush to see his dentist.

Diokno’s decision to take a leave of absence came as the fact-finding committee headed by Senior State Prosecutor Susan Dacanay started its investigation on Leviste’s unauthorized trip outside the NBP compound.

During Monday’s hearing held at the NBP in Muntinlupa City, Leviste took full responsibility over his decision to leave the prison’s compound without authorization from BuCor officials.

Leviste insisted that prison officials should not be made answerable for his own wrongdoings.

“I’m ready to suffer the consequences of my actions but it’s a grave injustice if anybody else should suffer the same fate.”

Leviste also cleared his custodian, Fortunato Justo of any criminal or civil liability since the latter was overseeing the whereabouts of seven or eight other inmates as well.

He further recounted that while he usually reported to Justo at Bilibid’s minimum security compound, he failed to report before he left the NBP compound on May 18, saying he was in a hurry to see his dentist owing to a severe toothache.

“As God is my witness, may I be struck by lightning, may I be damned to eternal fire if anybody is responsible for me going out. If you want to execute anyone, execute me now because I did not think what I did was so serious. May I be struck by lightning, may I not wake up tomorrow morning.”

Leviste, however, declined to answer the panel’s question on whether there instances in the past that he managed to make trips outside the prison’s compound without authorization from BuCor officials.

The former governor invoked his right to remain silent citing the case filed against him by the DOJ before the Regional Trial Court in Makati City for evading the service of his sentence.

He added that he thought he was already entitled to go in and out of the NBP premises because his tree-planting project in Bilibid made him a “member” of the Bureau of Corrections family. 

“I had the illusion I was already part of the BuCor family. It slipped my mind [that I had to ask for permission].…,” he said while adding that he tried to ask permission from BuCor authorities but there was no official available to authorize his departure. 

De Lima, on the other hand, explained that the grant of privileges to prisoners is not wrong provided there are strict guidelines and safeguards and these are being applied properly, uniformly and not selectively.