QuestionsQuestions (DENR ADMINISTRATIVE ORDER NO. 99-34)
RA 6127 amends Article 29 of the Revised Penal Code, specifically the rule on how much time preventive imprisonment (detention as a detention prisoner) is credited toward the term of imprisonment.
An offender who underwent preventive imprisonment shall be credited with the full time of such preventive imprisonment if the detention prisoner voluntarily agrees in writing to abide by the same disciplinary rules imposed upon convicted prisoners, subject to exceptions provided in the law.
It qualifies the detention prisoner for full time credit for the entire duration of preventive imprisonment, because the law requires such written voluntary agreement as a condition for full credit (subject to exceptions).
Full credit is denied if (1) the detention prisoner is a recidivist or has been previously convicted twice or more times of any crime, or (2) upon being summoned for the execution of sentence, the prisoner fails to surrender voluntarily.
If the detention prisoner does not agree, the prisoner shall be credited with four-fifths (4/5) of the time spent in preventive imprisonment.
Four-fifths of the time during which the detention prisoner underwent preventive imprisonment (i.e., 80% credit).
Full credit is disallowed when the detention prisoner is a recidivist or has been previously convicted two or more times of any crime.
If, upon being summoned for execution of sentence, the detention prisoner fails to surrender voluntarily, the law treats this as an exception to full credit.
No. Even with written agreement, full credit is still subject to the exceptions: recidivism/2+ prior convictions, and failure to voluntarily surrender upon summons for execution.
It refers to imprisonment served by an accused/detainee during the period prior to execution of sentence—i.e., while detention is in the service of the sentence after conviction is imposed but before the sentence begins to run in the manner of convicted prisoners.
It means the credited time counts toward the period of imprisonment to be served as part of the deprivation of liberty imposed by the sentence, reducing the remaining term to be served.
To provide incentives and equitable treatment to detention prisoners by giving them credit for preventive imprisonment, but conditioning full credit on voluntary compliance with the discipline applicable to convicted prisoners, and denying it in cases of repeated criminality or non-cooperation.
It takes effect upon its approval, per Section 2 of the Act.
The prisoner falls under the exception, and therefore would not receive full credit; the law’s exception indicates loss of the full-time credit entitlement.
Multiply the duration of preventive imprisonment by 4/5 (80%). The result is the credited time toward the imprisonment sentence.