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.