What Republic Act No. 10592 changes
- Section 1 amends Article 29 of the Revised Penal Code to modify rules on crediting preventive imprisonment.
- Section 2 amends Article 94 to include good conduct allowances earned during preventive imprisonment or sentence.
- Section 3 amends Article 97 to set the schedule and additional credits for good conduct, study/teaching/mentoring, and to confirm that appeal does not remove entitlement.
- Section 4 amends Article 98 to grant special time allowances for loyalty in calamity/catastrophe conditions under Article 158.
- Section 5 amends Article 99 to specify who grants time allowances and that once granted they cannot be revoked.
- Section 6 adds a penal clause imposing penalties on public officers or employees who violate the Act.
- Sections 7–9 provide for implementing rules, separability, and repeal of inconsistent issuances.
Preventive imprisonment credit rules
- Article 29, as amended by Section 1, grants credit for preventive imprisonment for an offender or accused who “has undergone preventive imprisonment,” covering deprivation of liberty during that period.
- Full credit applies only when the detention prisoner (a) agrees voluntarily in writing after being informed of the effects and (b) with the assistance of counsel agrees to abide by the same disciplinary rules imposed on convicted prisoners, except when: (1) the person is a recidivist, or has been convicted previously twice or more times of any crime; or (2) the person fails to surrender voluntarily when summoned for execution of sentence.
- If the detention prisoner does not agree to abide by the disciplinary rules imposed on convicted prisoners, he must do so in writing with the assistance of a counsel, and he receives credit equal to four-fifths of the time undergone in preventive imprisonment.
- For the penalty of reclusion perpetua, the credit for preventive imprisonment is deducted from thirty (30) years.
- Immediate release applies when the accused has undergone preventive imprisonment for a period equal to the possible maximum imprisonment of the offense charged and the case is not yet terminated: the accused must be released immediately without prejudice to continuing the trial or the proceeding on appeal if under review.
- Computation of preventive imprisonment for immediate release must use the actual period of detention plus good conduct time allowance.
- If the accused is absent without justifiable cause at any stage of the trial, the court may motu proprio order the rearrest of the accused.
- Recidivists, habitual delinquents, escapees, and persons charged with heinous crimes are excluded from coverage of the Act’s preventive imprisonment credit and release rules.
- If the maximum penalty the accused may be sentenced to is lestierro, the accused shall be released after thirty (30) days of preventive imprisonment.
Partial extinction of criminal liability
- Article 94, as amended by Section 2, provides that criminal liability is extinguished partially by: (1) conditional pardon; (2) commutation of the sentence; and (3) for good conduct allowances the culprit may earn while undergoing preventive imprisonment or serving sentence.
Good conduct allowances and study/mentoring credits
- Article 97, as amended by Section 3, provides that good conduct entitles qualified offenders and convicted prisoners in penal institutions, rehabilitation or detention centers, or local jails to deductions from the period of sentence.
- During the first two years of imprisonment, the prisoner is allowed a deduction of twenty days for each month of good behavior during detention.
- During the third to the fifth year, inclusive, the prisoner is allowed a deduction of twenty-three days for each month of good behavior during detention.
- During the following years until the tenth year, inclusive, the prisoner is allowed a deduction of twenty-five days for each month of good behavior during detention.
- During the eleventh and successive years, the prisoner is allowed a deduction of thirty days for each month of good behavior during detention.
- At any time during imprisonment, the prisoner is allowed an additional deduction of fifteen days, for each month of study, teaching or mentoring service time rendered, in addition to the deductions under the earlier yearly schedules.
- An appeal by the accused does not deprive entitlement to the above good conduct allowances.
Special time allowance for loyalty in calamity
- Article 98, as amended by Section 4, grants a deduction of one fifth of the period of sentence to a prisoner who evaded preventive imprisonment or sentence service under circumstances under Article 158 and then gives himself up within 48 hours following the 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 when the prisoner chooses to stay in the place of confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158.
- The special loyalty time allowances apply to any prisoner whether undergoing preventive imprisonment or serving sentence.
Who grants time allowances
- Article 99, as amended by Section 5, requires that where legally justified, the following grant allowances for good conduct: (1) Director of the Bureau of Corrections; (2) Chief of the Bureau of Jail Management and Penology; and/or (3) the Warden of a provincial, district, municipal or city jail.
- Once allowances for good conduct are granted, they cannot be revoked.
Mandatory compliance and penal clause
- Section 6 mandates faithful compliance with the Act.
- Section 6 imposes a penalty of one (1) year imprisonment, a fine of PHP 100,000.00, and perpetual disqualification to hold office on any public officer or employee who violates the provisions of the Act.
Implementing rules deadline
- 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 implementing rules and regulations within 60 days from the approval of the Act.
- The implementing rules must address the classification system for good conduct and time allowances as necessary to implement the Act.
Separability and repeal
- Section 8 provides a separability rule: if any part is held invalid or unconstitutional, the remaining provisions not otherwise affected remain valid and subsisting.
- Section 9 provides that 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.