Question & AnswerQ&A (EXECUTIVE ORDER NO. 214)
Article 29 pertains to the period of preventive imprisonment and how it is deducted from the term of imprisonment. It specifies the crediting of preventive imprisonment time towards the service of a sentence involving deprivation of liberty.
They shall be credited in the service of their sentence with the full time during which they have undergone preventive imprisonment if they voluntarily agree to abide by the disciplinary rules imposed on convicted prisoners, with some exceptions.
1. When the offender is a recidivist, having been convicted twice or more times of any crime; and 2. When the offender fails to surrender voluntarily after being summoned for sentence execution.
If the detention prisoner does not agree in writing to abide by the same disciplinary rules, he shall be credited only four-fifths of the time he has undergone preventive imprisonment.
The accused shall be released immediately without prejudice to the continuation of the trial or appeal proceedings.
If the maximum penalty is destierro, the accused shall be released after 30 days of preventive imprisonment.
Executive Order No. 59 dated November 7, 1986, as amended by Executive Order No. 191 dated June 10, 1987, repealed Presidential Decrees Nos. 1836, 1877, and 1877-A and related rules and regulations.
It impliedly repealed the exception of detention by virtue of an arrest, search, and seizure order (ASSO) from the rules in the last paragraph of Article 29, necessitating express repeal by EO No. 214.
He must voluntarily agree in writing to abide by the same disciplinary rules imposed upon convicted prisoners.