Title
IRR of RA 10592 on Credit for Preventive Imprisonment
Law
Doj Republic Act No. 10592
Decision Date
Mar 26, 2014
The Implementing Rules and Regulations (IRR) of Republic Act No. 10592 provides guidelines for the implementation of the law, which aims to promote restorative and compassionate justice by facilitating the reformation and rehabilitation of prisoners through credit for preventive imprisonment and good conduct time allowances.

Law Summary

Objectives of the Law

  • Aim to redeem and uplift prisoners towards economic and social usefulness.
  • Level the field of opportunity by motivating prisoners to lead productive, law-abiding lives.
  • Promote restorative and compassionate justice, strengthening prisoners' moral fiber and facilitating reintegration into society.

Definition of Key Terms

  • Identifies essential terms such as Act (Revised Penal Code), accused, BJMP, BUCOR, commitment order, convicted prisoner, detainee, good conduct, GCTA, habitual delinquent, jail, prison, and others.
  • Distinguishes between detainees (under preventive imprisonment) and convicted prisoners.
  • Defines special allowances like Time Allowance for Study, Teaching and Mentoring (TASTM) and Special Time Allowance for Loyalty (STAL).

Benefits of Credit for Preventive Imprisonment (CPI)

  • Authorities must inform detainees that preventive imprisonment is credited against their sentences.
  • Accused who underwent preventive imprisonment may receive full or four-fifths credit, barring disqualification.
  • Disqualifications include recidivists, those with multiple prior convictions, and those who fail to surrender voluntarily for sentence execution.
  • A detainee’s written voluntary agreement to abide by disciplinary rules yields full credit; refusal results in four-fifths credit if done with counsel.
  • Provisional release granted when preventive imprisonment equals the maximum sentence, except for recidivists, habitual delinquents, escapees, and persons charged with heinous crimes.
  • Credit deductions for reclusion perpetua are capped at thirty years.

Good Conduct Time Allowance (GCTA)

  • Both detained and convicted prisoners with good conduct are entitled to GCTA deductions.
  • Deductions increase with years served, from 20 days per month in the first two years up to 30 days per month after ten years.
  • The MSEC evaluates prisoners' behavior and decides on granting GCTA.
  • Clear procedures require monthly evaluations, recommendations, approvals, and proper record-keeping.
  • Computer templates and manuals are mandated to monitor and compute allowances accurately.
  • Additional deductions for study, teaching, or mentoring services (TASTM) are available up to 15 days per month.
  • Appeals do not affect entitlement to time allowances.

Special Time Allowance for Loyalty (STAL)

  • Prisoners who evaded preventive imprisonment but surrender within 48 hours after a calamity proclamation receive a deduction of one-fifth of their sentence.
  • Prisoners who remain in confinement during the calamity receive a deduction of two-fifths.
  • Eligibility requires no commission of other offenses or violations of the Act.

Partial Extinction of Criminal Liability

  • Criminal liability may be partially extinguished by conditional pardon, sentence commutation, or time allowances earned by good conduct.

Officials Authorized to Grant Time Allowances

  • The Director of BUCOR, Chief of BJMP, and Provincial, District, City, or Municipal Jail Wardens are authorized to grant GCTA and related allowances.
  • Once granted, these allowances are irrevocable.

Operation Manual

  • BUCOR, BJMP, and Provincial Jails must have manuals guiding effective implementation of RA 10592 and its IRR.

Final Provisions

  • Violations by public officers result in one-year imprisonment, a fine of PHP 100,000, and perpetual disqualification from public office.
  • Invalid provisions do not affect the rest of the rules.
  • Inconsistent rules and policies are repealed or modified.
  • The rules take effect 15 days after their publication in a newspaper of general circulation.

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