Question & AnswerQ&A (Republic Act No. 10592)
Republic Act No. 10592 amends Articles 29, 94, 97, 98, and 99 of the Revised Penal Code to provide rules on crediting preventive imprisonment, good conduct allowances, special time allowances, and the grant of such allowances to prisoners.
The full time of preventive imprisonment will be credited if the detainee voluntarily agrees in writing, after being informed of the effects and with counsel assistance, to abide by the same disciplinary rules imposed upon convicted prisoners, except if the detainee is a recidivist or fails to surrender voluntarily when summoned for sentence execution.
Recidivists, habitual delinquents, escapees, and persons charged with heinous crimes are excluded from the immediate release provision.
Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30) years.
Criminal liability is partially extinguished by conditional pardon, commutation of sentence, and good conduct allowances earned during preventive imprisonment or serving the sentence.
- First two years: 20 days deduction per month; - Third to fifth year: 23 days deduction per month; - Sixth to tenth year: 25 days deduction per month; - Eleventh year and beyond: 30 days deduction per month; plus an additional 15 days per month for study, teaching, or mentoring service.
Yes, an appeal by the accused does not deprive entitlement to good conduct allowances.
A deduction of one-fifth of the sentence is granted if a prisoner who evaded preventive imprisonment or service of sentence surrenders within 48 hours after a calamity proclamation. A deduction of two-fifths is granted if the prisoner chooses to stay in confinement during the calamity.
The Director of the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology, and/or the Warden of a provincial, district, municipal or city jail shall grant the allowances.
The penalty is one (1) year imprisonment, a fine of One hundred thousand pesos (P100,000.00), and perpetual disqualification from holding office.