QuestionsQuestions (Republic Act No. 10592)
Offenders or accused who have undergone preventive imprisonment shall be credited with the full time of preventive imprisonment to their sentence (deprivation of liberty) if the detention prisoner (1) agrees voluntarily in writing after being informed of the effects and (2) with the assistance of counsel to abide by the disciplinary rules imposed upon convicted prisoners, except in certain excluded cases.
If the detention prisoner does not agree to abide by the disciplinary rules imposed upon convicted prisoners, he must do so in writing with the assistance of counsel, and he is credited with four-fifths (4/5) of the time undergone as preventive imprisonment.
Recidivists, habitual delinquents, escapees, and persons charged with heinous crimes are excluded from the coverage of the Act.
They are excepted from the full credit arrangement—i.e., they fall under the exclusions stated in Article 29 (as amended), meaning they do not receive the same credit treatment described for those who qualify.
Failure to surrender voluntarily upon being summoned for execution of sentence is a listed exception; thus, the detention prisoner is not entitled to full credit under the voluntary-in-writing and disciplinary-rule agreement condition.
Whenever an accused has undergone preventive imprisonment for a period equal to the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately, without prejudice to continuation of the trial or proceedings on appeal if under review.
Computation uses the actual period of detention with good conduct time allowance.
Yes. If the accused is absent without justifiable cause at any stage of the trial, the court may motu proprio order the rearrest of the accused.
Credit for preventive imprisonment for reclusion perpetua shall be deducted from thirty (30) years.
If the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment.
Partial extinction of criminal liability occurs: (1) by conditional pardon; (2) by commutation of the sentence; and (3) for good conduct allowances which the culprit may earn while undergoing preventive imprisonment or serving his sentence.
During the first two years, the offender shall be allowed a deduction of twenty (20) days for each month of good behavior during detention.
Third to fifth year inclusive: twenty-three (23) days deduction per month of good behavior. Eleventh and successive years: thirty (30) days deduction per month of good behavior.
No. The text expressly provides that an appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.
A one-fifth (1/5) deduction of the period of sentence is granted if the prisoner evaded preventive imprisonment or sentence under Article 158 circumstances but gives himself up within 48 hours following the proclamation announcing the passing away of the calamity/catastrophe. A two-fifths (2/5) deduction is granted if he chose to stay in the place of confinement notwithstanding the calamity/catastrophe enumerated in Article 158.
The Director of the Bureau of Corrections, Chief of BJMP, and/or the Warden of a provincial/district/municipal/city jail shall grant allowances when lawfully justified. Once granted, such allowances shall not be revoked.
Faithful compliance is mandated. A public officer/employee who violates the provisions of the Act shall be punished with one (1) year imprisonment, a fine of P100,000, and perpetual disqualification to hold office.