IRR of RA 10592 on Credit for Preventive Imprisonment

Coverage, construction, and application

These Rules apply to any prisoner, whether under detention or convicted by final judgment, in a local jail, rehabilitation or detention center, or a penal institution.
These Rules must be construed liberally in favor of a detained or convicted prisoner.
The grant of good conduct time allowance under Republic Act No. 10592 is prospective in application because the Rules provide new procedures and standards, and require the creation of the Management, Screening and Evaluation Committee (MSEC).
The grant of time allowance for study, teaching and mentoring and special time allowance for loyalty is likewise prospective, and is subject to MSEC management, screening, and evaluation.

Policy objectives and restorative justice

The credit for preventive imprisonment and the increase in time allowances for good conduct, exemplary services, and loyalty are intended to redeem and uplift valuable human materials toward economic and social usefulness.
The credit and time allowances are intended to level the field of opportunity by motivating prisoners to pursue a productive and law-abiding life.
The credit and time allowances are intended to implement the state policy of restorative and compassionate justice by promoting reformation and rehabilitation, strengthening moral fiber, and facilitating successful reintegration into society.

Key definitions under the Rules

“Act” refers to Act No. 3815, the Revised Penal Code, as amended.
“Accused” means an offender under detention against whom a Criminal Complaint or Prosecutor’s Information has been filed in a court of law.
“BJMP” means the Bureau of Jail Management and Penology.
“BUCOR” means the Bureau of Corrections.
“Chief” means the Chief of BJMP.
“Commitment Order” means a written order of a court of law or other competent authority committing a person to jail or prison for confinement.
“Convicted Prisoner” means a person convicted by final judgment for the felony or offense committed.
“Correctional Facility” means a prison or jail.
“Counsel” means a lawyer tasked or requested to assist a detention prisoner in explaining the provisions of Article 29 of the Revised Penal Code on credit for preventive imprisonment.
“Detainee” means a person accused before a court or competent authority who is under preventive imprisonment or temporarily confined in jail or prison awaiting trial or final judgment.
“Detainee’s Manifestation” means a written declaration, with counsel, to abide by disciplinary rules imposed on convicted prisoners to avail the full credit for preventive imprisonment.
“Detainee’s Waiver” means a written declaration, with counsel, refusing to abide by disciplinary rules imposed upon convicted prisoners, entitling entitlement to four-fifths (4/5) of preventive imprisonment time.
“Director” means the Director of the BUCOR.
“Good Conduct” refers to conspicuous and satisfactory behavior involving active participation in rehabilitation programs, productive participation in authorized work activities or exemplary deeds, coupled with faithful obedience to all prison/jail rules.
“Good Conduct Time Allowance (GCTA)” means a privilege granting a reduction of jail or prison term for every month of actual detention or service of sentence as a reward for good conduct and exemplary behavior.
“Habitual Delinquent” means a person convicted a third time or oftener within ten (10) years from release or last conviction of specified crimes, including serious or less serious physical injuries, robbery, theft, estafa, and falsification.
“Jail” means a detention or correctional facility managed by BJMP or the local government unit mandated by law, safekeeping and rehabilitating persons under preventive imprisonment or sentenced to not more than three (3) years.
“Preventive Imprisonment” means temporary confinement in jail or prison while undergoing investigation or trial awaiting final judgment.
“Prison” means a correctional facility managed by BUCOR for persons convicted by final judgment whose sentence exceeds three (3) years, or who serve two (2) or more prison terms whose aggregated sentences exceed three (3) years.
“Proper Authority” refers to: (a) the Secretary of the Department of Justice for BUCOR; (b) the Secretary of the Department of the Interior and Local Government for BJMP; or (c) the Provincial Governor for provincial jails.
“Recidivist” means one previously convicted by final judgment for another crime embraced in the same title of the Revised Penal Code, as amended.
“Special Time Allowance for Loyalty (STAL)” means a privilege for a prisoner who evaded preventive imprisonment or sentence under Article 158 circumstances and surrendered within forty-eight (48) hours, granted as a deduction.
“Time Allowance for Study, Teaching and Mentoring (TASTM)” means a privilege allowing a deduction of a maximum of fifteen (15) days for each month of study or mentoring services as a reward for academic or vocational/values development achievements or for teaching or mentoring fellow prisoners.
“Warden” means the head of district, municipal and city jails under BJMP, or of provincial and sub-provincial jails under the Office of the Provincial Governor.

Credit for preventive imprisonment (CP)

The Chief of BJMP, a Jail Warden, or the Director of BUCOR having custody must inform the detainee that the period of preventive imprisonment will be deducted from the term of imprisonment in accordance with Article 29 of the Revised Penal Code, as amended.
An accused who has undergone preventive imprisonment must receive credit for actual detention or service of sentence, either full or four-fifths (4/5), provided the accused is not disqualified under Article 29 and the disqualification rules under these Rules.
Preventive imprisonment credit does not apply to an accused who is a recidivist as defined under Article 14 (9), Chapter III, Book I of the Revised Penal Code.
Preventive imprisonment credit does not apply to an accused convicted previously twice or more times of any crime.
Preventive imprisonment credit does not apply to an accused who, upon being summoned for execution of sentence, failed to surrender voluntarily before a court of law.
Full credit for preventive imprisonment applies if the accused executes a Detainee’s Manifestation: the accused agrees in writing to abide by disciplinary rules imposed upon convicted prisoners, and the undertaking is executed with the assistance of counsel.
Four-fifths (4/5) credit for preventive imprisonment applies if the accused executes a Detainee’s Waiver: the accused refuses in writing to abide by disciplinary rules imposed on convicted prisoners, with the assistance of counsel.
An accused who has undergone preventive imprisonment for a period equal to the imposable maximum imprisonment of the offense charged, and whose case is not yet decided, must be released immediately, without prejudice to continuation of trial or appeal review.
Immediate release is subject to exceptions for: Recidivist, Habitual Delinquent, Escapee, and Person charged with heinous crimes.
If the maximum penalty is destierro, the accused must be released after thirty (30) days of preventive imprisonment.
The computation for immediate release uses the actual period of detention with good conduct time allowance.
If the accused is absent without justifiable cause at any stage of trial, the court may motu proprio order the accused’s re-arrest.
An accused qualified for preventive imprisonment credit is also qualified to avail of good conduct time allowance under Article 97 of the Revised Penal Code, as amended, following the procedures in Rule V.
Credit for preventive imprisonment when the imposable penalty is reclusion perpetua must be deducted from thirty (30) years.

Good conduct time allowance (GCTA) system

Detention prisoners qualified for preventive imprisonment credit and prisoners convicted by final judgment in any other local jail qualify for GCTA for good conduct and exemplary behavior, subject to these Rules.
A qualified prisoner is entitled to monthly deductions from sentence for good conduct as follows:
- During the first two years of imprisonment, a deduction of twenty (20) days for each month of good behavior during detention.
- During the third to the fifth year, inclusive, a reduction of twenty-three (23) days for each month of good behavior during detention.
- During the following years until the tenth year, inclusive, a reduction of twenty-three (23) days for each month of good behavior during detention.
- During the eleventh and successive years, a deduction of thirty (30) days for each month of good behavior during detention.
The MSEC exists to assess, evaluate, and grant time deductions to deserving prisoners, in the form of GCTA, STAL, and TASTM.
The Director of the BUCOR, the Chief of BJMP, and the Wardens of provincial, city, district, and municipal jails must create and operationalize the MSEC through their mandated authority.
MSEC membership is determined by the Director of BUCOR, Chief of BJMP, or Wardens of provincial and sub-provincial jails as applicable, and membership must be not less than five (5).
MSEC membership must include a Probation and Parole Officer, and if available, a psychologist and a social worker.
The MSEC must prepare minutes of every meeting to record each proceeding.
The BUCOR, BJMP, and provincial jails must give special consideration to behavior involving active rehabilitation programs, productive participation in authorized work, or exemplary deeds, while requiring faithful obedience to prison/jail rules.
The BUCOR, BJMP, and provincial jails must each create the MSEC or an appropriate number of MSECs to manage, screen, and evaluate conduct.
After considering behavior, the MSEC must recommend the appropriate GCTA credit range, from the minimum allowable credit to the maximum allowable credit.
The appropriate official must act on the MSEC recommendation by either:
- Approving and issuing a certification granting GCTA for the particular period, or
- Disapproving if the prisoner is not qualified or evaluation errors or irregularities occurred, or
- Returning the recommendation for corrections (such as name, prison number, or clerical errors) or for further evaluation.
The appropriate official must ensure GCTAs are processed each month and that proper recording is made in jail/prison records.
The BUCOR, BJMP, and provincial jails must design and use a computer-generated or automated template to monitor progress of detainees/prisoners capable of incorporating time allowances.
The BUCOR, BJMP, and provincial jails must prepare and use a written computation table or manual of preventive imprisonment or service of sentence incorporating time allowances as the primary official reference.
An appeal by the accused does not deprive the accused of entitlement to time allowances.

TASTM and STAL deductions

TASTM provides an additional deduction of fifteen (15) days for each month of time rendered for study, teaching, or mentoring.
The BUCOR, BJMP, and provincial jails must keep a master list of detainees or convicted prisoners allowed to study, teach, or mentor within their facilities, subject to jail/prison rules.
The MSEC must monitor and certify whether, for the covered period, the prisoner actually studied, taught, or performed mentoring duties.
If qualified, the MSEC must recommend grant of TASTM, and the concerned officials must approve by issuing a corresponding certification.
STAL grants a deduction of one-fifth (1/5) of the period of sentence if the prisoner evaded preventive imprisonment or sentence under Article 158 circumstances and gives himself up to authorities within forty-eight (48) hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe under Article 158.
STAL grants a deduction of two-fifths (2/5) if the prisoner chose to stay in the place of confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158.
The STAL deductions under the second scenario are conditioned on the prisoner not having committed other offenses or any act in violation of law or the Act.

Partial extinction and authorized officials

Criminal liability is partially extinguished by conditional pardon, by commutation of sentence, and for good conduct allowances the culprit may earn while undergoing preventive imprisonment or serving sentence.
Authorized officials to grant time allowances include:
- the Director of the Bureau of Corrections,
- the Chief of the Bureau of Jail Management and Penology, and/or
- the Warden of a Provincial, District, City, or Municipal Jail.
Once lawfully granted by the authorized official, time allowances such as GCTA, TASTM, and STAL must not be revoked.

Operational manuals and final rules

The BUCOR, BJMP, and provincial jails must provide and each have its own new manual to guide effective implementation and carry out the mandate of Republic Act No. 10592 and these Rules.
Public officers or employees who violate the Rules must be penalized with one (1) year imprisonment, a fine of One Hundred Thousand Pesos (P100,000.00), and perpetual disqualification to hold office.
If any provision of these Rules is declared invalid or unconstitutional, the remaining provisions must remain valid and subsisting.
Inconsistent policies, issuances, rules, and regulations are modified or repealed accordingly.