Question & AnswerQ&A (DOJ)
The main policy objective is to give effect to the beneficial provisions of Republic Act No. 8294 by adjusting the penalties under Presidential Decree No. 1866, ensuring early release and reintegration of convicts into the community.
The offenses include unlawful manufacturing, dealing in, acquiring, disposing, or possessing firearms or parts thereof, unlawfully carrying licensed firearms outside legal residence, unlawfully manufacturing or possessing explosives like hand grenades, tampering with firearms' serial numbers, and similar offenses as enumerated in Section 3 of the Rules.
A 'Convict' refers to a prisoner serving a final sentence involving deprivation of liberty for any offense enumerated in Section 3 of these Rules under the Act.
Disqualified convicts are those who committed another crime during the commission of the offenses enumerated in Section 3 or those whose conviction under the Act is on appeal.
The Director of the Bureau of Corrections or the Warden of a provincial or city jail is authorized to review and examine the prison records of convicts upon the effectivity of these Rules.
Yes, a convict or their lawyer can file a written application with the Director or Warden for immediate implementation of RA No. 8294 by showing entitlement to release if the sentence is adjusted.
The documents include a certified true copy of the prosecutor's information in the criminal case, a certification from the clerk of the convicting court regarding appeal status, and certified true copies of the trial and appellate court decisions, if any.
The Secretary may adjust sentences pursuant to RA No. 8294, order the updating of prison records with new expiration dates, and order the release of convicts who have served the adjusted sentences.
The Secretary shall return the report to the Director or Warden for restudy if he disagrees with the findings or recommended action.
These Rules took effect fifteen (15) days after publication in a newspaper of general circulation.