QuestionsQuestions (DOJ Republic ACT NO. 10592)
The IRR implements RA 10592 by setting procedures and standards for the credit for preventive imprisonment, and for related time allowances such as Good Conduct Time Allowance (GCTA) and special time allowances for study/teaching/mentoring and loyalty.
They apply to any prisoner—whether under detention or convicted by final judgment—in local jails, rehabilitation/detention centers, or penal institutions.
The IRR must be construed liberally in favor of a detained or convicted prisoner.
Because the IRR provides new procedures/standards for GCTA and requires creation of a Management, Screening and Evaluation Committee (MSEC). Therefore, GCTA under RA 10592 applies prospectively.
Manifestation results in full credit (full time) because the accused voluntarily agrees in writing, with counsel, to abide by disciplinary rules for convicted prisoners. Waiver results in only four-fifths (4/5) credit because the accused refuses in writing, with counsel, to abide by those rules.
An accused who has undergone preventive imprisonment and is not disqualified under the IRR and Article 29 of the Revised Penal Code, as amended.
Disqualifications include: (1) the accused is a recidivist as defined under Article 14(9); (2) the accused has been previously convicted twice or more times of any crime; and (3) the accused failed to surrender voluntarily before a court of law upon being summoned for execution of sentence.
When the accused has undergone preventive imprisonment for a period equal to the imposable maximum imprisonment of the offense charged and the case is not yet decided, he shall be released immediately without prejudice to continuation of trial/appeal—except if he falls under disqualifying categories (e.g., recidivist, habitual delinquent, escapee, or person charged with heinous crimes).
After thirty (30) days of preventive imprisonment.
It is computed using the actual period of detention with good conduct time allowance. If the accused is absent without justifiable cause at any stage of the trial, the court may motu proprio order re-arrest.
An accused qualified for credit for preventive imprisonment is also qualified to avail of GCTA under Article 97 of the Revised Penal Code, subject to the procedures under Rule V.
The credit is deducted from thirty (30) years.
During the first two years, the prisoner is allowed a deduction of twenty (20) days for each month of good behavior during detention.
The MSEC assesses, evaluates, and recommends/grants time deductions (GCTA, and also referenced time allowances). Membership is not less than five (5) and may include a Probation and Parole Officer, and if available, a psychologist and a social worker. Directors/Chiefs/Wardens determine composition and MSEC must keep minutes.
Prisons consider conduct and rehabilitation/work/exemplary deeds; they create MSECs; MSEC evaluates and recommends appropriate GCTA within allowed range; the proper official approves/disapproves/returns for correction or further evaluation; processing is ensured monthly with proper recording.
Time Allowance for Study, Teaching and Mentoring (TASTM), granting an additional deduction of fifteen (15) days for each month of study/teaching/mentoring service (in addition to GCTA).
No. An appeal by the accused shall not deprive him of his entitlement to the time allowances.
STAL is a deduction for prisoners who evaded preventive imprisonment/service under circumstances in Article 158 and then surrender within 48 hours after the proclamation: deduction of one-fifth (1/5). If they chose to stay in confinement notwithstanding the calamity/catastrophe, the deduction is two-fifths (2/5), provided they committed no other offense or unlawful act.
Authorized officials are the Director of BUCOR, Chief of BJMP, and/or Warden of provincial/district/city/municipal jail. Once lawfully granted, GCTA, TASTM, and STAL shall not be revoked.