Title
Amendments on Prisoner Classification
Law
Presidential Decree No. 29
Decision Date
Oct 25, 1972
Presidential Decree No. 29 amends certain sections of the Revised Administrative Code in the Philippines to address prison congestion and allow for the confinement of more prisoners closer to their homes, while also acknowledging the importance of maintaining peace and order in the country.

Law Summary

Classification of Prisoners Based on Sentence Duration

  • Prisoners sentenced to deprivation of liberty for not more than six (6) months are classified as municipal prisoners.
  • Prisoners sentenced to deprivation of liberty for not more than three (3) years or subjected to a fine of not more than one thousand pesos, or both penalties, are classified as provincial or city prisoners.
  • If a prisoner receives two or more sentences that in aggregate exceed three (3) years, they are not considered provincial prisoners.

Exclusion of Subsidiary Imprisonment in Classification

  • The imposition of subsidiary imprisonment is excluded from consideration in fixing the status of a prisoner.
  • Exception: Subsidiary imprisonment is considered when the sentence imposes a fine only.

Rationale for the Amendments

  • Aims to address congestion in penal establishments.
  • Allows for the confinement of prisoners closer to their homes and families.
  • Designed to support peace and order measures prioritized before Proclamation No. 1081.

Legal Authority and Effectivity

  • The decree was issued by the President of the Philippines, exercising constitutional powers under Proclamation No. 1081 and General Order No. 1 dated September 1972.
  • Takes immediate effect upon promulgation.
  • President reserves the right to amend, change, or modify provisions, effective upon announcement or by a designated representative.

Important Legal Concepts

  • Distinction between the length of sentence and the imposition of fines for prisoner classification.
  • Congressional intent prior to martial law emphasized penal reforms to improve the penal system and enhance the justice administration.
  • Decree functions as law through presidential exercise of legislative power in the context of martial law.

Procedural Elements

  • Subparagraphs amended are part of the Administrative Code, which governs administrative rules including penal classifications.
  • Presidential Decree serves as an immediate legislative measure affecting penal administrative practices.

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