Amendment on Article 29 Preventive Imprisonment

Ask AI

EXECUTIVE ORDER NO. 214: Amendment on Article 29 Preventive Imprisonment

Getting related questions...
What do you want to know about the law?
Your conversations and searches stay on your device. We do not store or track your activity on our servers. To know more about our privacy commitment see jur.ph/privacy Ask AI provides quick answers grounded in full case texts to avoid mistakes. Always verify with the original text.

Ask AI

Title Supreme Court: Amendment on Article 29 Preventive Imprisonment

Law: Executive Order No. 214

Decision Date: Jul 10, 1987

Executive Order No. 214 amends the Revised Penal Code in the Philippines to remove exceptions and provide guidelines on the crediting of time spent in preventive imprisonment towards the sentence, as well as provisions for the release of accused individuals who have undergone preventive imprisonment for a certain period of time.

revised penal code

preventive imprisonment

executive order

A

Exceptions to Full Credit for Preventive Imprisonment

Full credit does not apply in two cases:
1. Recidivists previously convicted two or more times for any crime.
2. Those who fail to voluntarily surrender when summoned for execution of their sentence.

Partial Credit if Disciplinary Rules Not Agreed Upon

If the detainee refuses to comply with disciplinary rules, credit is reduced to four-fifths of the preventive imprisonment period.

Release Conditions for Extended Preventive Imprisonment

An accused who has undergone preventive imprisonment equal to or exceeding the possible maximum penalty for the offense must be released immediately.
This release is without prejudice to the continuation of trial or appeal proceedings.

Special Rule for Destierro Penalty

If the maximum penalty is destierro, the accused shall be released after 30 days of preventive imprisonment.

Repeal of Exceptions Related to Arrest, Search and Seizure Orders

Previous exceptions allowing preventive detention due to ASSO are expressly repealed to remove any legal doubts.
Aligns with the repeal of related Presidential Decrees and implementing rules by earlier Executive Orders.

Legal Authority and Effectivity

The amendment is promulgated by the President and is effective as of July 10, 1987.
It reflects a policy to ensure fair crediting of preventive detention towards sentence service while maintaining disciplinary standards for detainees.

END