Question & AnswerQ&A (BATAS PAMBANSA BLG. 85)
The main purpose of Batas Pambansa Blg. 85 is to authorize the release of any offender or accused who has undergone preventive imprisonment equal to or more than the possible maximum imprisonment they may be sentenced to, by amending the Revised Penal Code.
Preventive imprisonment is the detention of an offender or accused pending trial or final judgment, which time, if agreed upon, may be credited towards the service of their sentence of deprivation of liberty.
The full time of preventive imprisonment will be credited if the detention prisoner voluntarily agrees in writing to abide by the same disciplinary rules imposed upon convicted prisoners.
Preventive imprisonment will not be credited in full if the detention prisoner does not agree to abide by the disciplinary rules, or if the offender is a recidivist, or if they failed to surrender voluntarily for the execution of their sentence.
If the detention prisoner does not agree to abide by the disciplinary rules, they will be credited with four-fifths of the time they underwent preventive imprisonment.
Recidivists (those convicted twice or more of any crime) and those who fail to surrender voluntarily for the execution of their sentence are excluded from full credit of preventive imprisonment.
The accused shall be released immediately without prejudice to the continuation of the trial or appeal, unless detained by virtue of an arrest, search and seizure order (ASSO).
No, if the maximum penalty is destierro, the accused is released only after thirty (30) days of preventive imprisonment.
No, release does not affect the continuation of the trial or any appeal; the legal proceedings may continue notwithstanding the release.
Yes, if they are detained by virtue of an arrest, search and seizure order (ASSO), they may still be held despite preventive imprisonment.