Preventive Imprisonment Credit Act

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BATAS PAMBANSA BLG. 85: Preventive Imprisonment Credit Act

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Title Supreme Court: Preventive Imprisonment Credit Act

Law: Batas Pambansa Blg. 85

Decision Date: Sep 20, 1980

Batas Pambansa Blg. 85 amends the Revised Penal Code in the Philippines, allowing offenders who have undergone preventive imprisonment to have the time credited towards their sentence, with exceptions for recidivists and those who fail to surrender voluntarily.

preventive imprisonment

term of imprisonment

A

Exceptions to Full Credit for Preventive Imprisonment

Full credit is not given in two situations:
1. If the accused is a recidivist, meaning having at least two prior convictions for any crime.
2. If the accused fails to voluntarily surrender for the imposition of the sentence after being summoned.

Reduced Credit if Detained Person Refuses Disciplinary Compliance

If the accused does not agree to follow the prison disciplinary rules for convicted persons, only four-fifths (80%) of the preventive imprisonment period will be credited toward the sentence.

Mandatory Release Upon Lengthy Preventive Detention

When an accused has been under preventive imprisonment for a period equal to or longer than the maximum possible imprisonment prescribed for the charged offense, immediate release is mandated.
This release occurs despite the trial or appeal still ongoing, except where the accused is detained due to an arrest, search, and seizure order (ASSO).
Special provision for offenses punishable by destierro: release after 30 days of preventive imprisonment.

Effectivity

The law took effect immediately upon approval on September 20, 1980.

END