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.