Legal basis: Revised Penal Code amended
- Republic Act No. 10592 amends Act No. 3815, as amended, known as the Revised Penal Code.
- Section 1 amends Article 29 of the Revised Penal Code.
- Section 2 amends Article 94 of the Revised Penal Code.
- Sections 3, 4, and 5 amend Articles 97, 98, and 99 of the Revised Penal Code, respectively.
- Section 6 adds a penal clause imposing criminal liability for violating the Act.
- Sections 7 to 10 provide for implementing rules, separability, repealing, and effectivity.
Purpose: crediting preventive imprisonment and time allowances
- The Act mandates crediting and deductions tied to preventive imprisonment, good conduct, loyalty in calamity circumstances, and time allowances for prisoners.
- The Act regulates when credit is granted in full or reduced based on the prisoner’s circumstances and compliance.
- The Act establishes time allowance deductions based on length of imprisonment and study, teaching, or mentoring service time.
- The Act provides a special reduction mechanism for prisoners who give themselves up within a set period after a relevant public calamity proclamation.
- The Act requires faithful compliance through a specific penalty for public officers or employees who violate it.
Preventive imprisonment credit rules
- Article 29 requires that offenders or accused who have undergone preventive imprisonment be credited in the service of their sentence consisting of deprivation of liberty with full time during preventive imprisonment when:
- the detention prisoner agrees voluntarily in writing after being informed of the effects, and
- the detention prisoner agrees with the assistance of counsel to abide by the disciplinary rules imposed upon convicted prisoners.
- Article 29 withholds full credit where the detention prisoner is:
- a recidivist, or
- previously convicted twice or more of any crime.
- Article 29 also denies full credit where, upon being summoned for execution of sentence, the detention prisoner fails to surrender voluntarily.
- If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, the detention prisoner must do so in writing with the assistance of counsel and receives credit of four-fifths of the time undergone in preventive imprisonment.
- Article 29 provides that for the penalty of reclusion perpetua, the credit for preventive imprisonment is deducted from thirty (30) years.
- Article 29 mandates immediate release when:
- an accused has undergone preventive imprisonment for a period equal to the possible maximum imprisonment of the offense charged to which the accused may be sentenced, and
- the case is not yet terminated.
- Article 29 preserves the continuation of trial or appeal after immediate release, and releases the accused based on:
- the actual period of detention plus good conduct time allowance for computation.
- Article 29 empowers the court to order rearrest motu proprio if the accused is absent without justifiable cause at any stage of the trial.
- Article 29 excludes recidivists, habitual delinquents, escapees, and persons charged with heinous crimes from coverage.
- Article 29 provides a specific rule where the maximum penalty is lessierro: the accused is released after thirty (30) days of preventive imprisonment.
Partial extinction of criminal liability
- Article 94 establishes that criminal liability is extinguished partially by:
- conditional pardon;
- commutation of the sentence; and
- for good conduct allowances the culprit may earn while undergoing preventive imprisonment or while serving sentence.
Good conduct allowances and study/mentoring deductions
- Article 97 provides that good conduct entitles a qualified offender or convicted prisoner to deductions from the period of sentence if the offender is qualified for credit for preventive imprisonment under Article 29 or is a convicted prisoner in a penal institution, rehabilitation or detention center, or other local jail.
- Article 97 sets deduction rates for good behavior during detention as follows:
- During the first two years of imprisonment: twenty (20) days deduction for each month of good behavior.
- During the third to the fifth year, inclusive: twenty-three (23) days deduction for each month of good behavior.
- During the following years until the tenth year, inclusive: twenty-five (25) days deduction for each month of good behavior.
- During the eleventh and successive years: thirty (30) days deduction for each month of good behavior.
- Article 97 grants an additional deduction at any time during imprisonment:
- fifteen (15) days for each month of study, teaching or mentoring service time, added to the deductions under the numbered periods.
- Article 97 provides that an appeal by the accused shall not deprive entitlement to the good conduct allowances.
Loyalty special time allowance in calamity
- Article 98 grants a deduction of one fifth of the period of the prisoner’s sentence to a prisoner who:
- evaded preventive imprisonment or the service of sentence under the circumstances mentioned in Article 158, and
- gives himself up to the authorities within 48 hours following issuance of a proclamation announcing the passing away of the calamity or catastrophe referred to in Article 158.
- Article 98 grants a deduction of two-fifths of the period of sentence if the prisoner chose to stay in the place of confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158.
- Article 98 applies to any prisoner whether undergoing preventive imprisonment or serving sentence.
Authority granting time allowances
- Article 99 requires that time allowances for good conduct be granted whenever lawfully justified by:
- the Director of the Bureau of Corrections; and/or
- the Chief of the Bureau of Jail Management and Penology; and/or
- the Warden of a provincial, district, municipal or city jail.
- Article 99 provides that once allowances for good conduct are granted, they shall not be revoked.
Penal clause for violations
- Section 6 mandates faithful compliance with the Act.
- Section 6 imposes the penalty of one (1) year imprisonment, a fine of One hundred thousand pesos (P100,000.00), and perpetual disqualification to hold office against any public officer or employee who violates the provisions of the Act.
Implementing rules and regulations
- Section 7 directs the Secretary of the Department of Justice (DOJ) and the Secretary of the Department of the Interior and Local Government (DILG) to promulgate rules and regulations on the classification system for good conduct and time allowances needed to implement the Act.
- Section 7 requires promulgation within sixty (60) days from approval of the Act.
Separability, repealing, and effectivity rules
- Section 8 provides a separability rule: if any part is held invalid or unconstitutional, the remainder remains valid and subsisting.
- Section 9 provides a repealing rule: any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the Act is repealed, modified, or amended accordingly.
- Section 10 sets effectivity at fifteen (15) days from publication in the Official Gazette or in at least two (2) new papers of general circulation.