Legal basis and amendment made
- Section 1 amends Article 29 of the Revised Penal Code.
- Section 1 refers to the Revised Penal Code as amended by Republic Act No. 6127.
- Section 1 authorizes credit for preventive imprisonment and establishes a mandatory release rule for qualifying detainees.
Who must receive preventive imprisonment credit
- Article 29 requires crediting preventive imprisonment served by offenders or accused who have undergone preventive imprisonment.
- Article 29 applies the credit to the service of a sentence consisting of deprivation of liberty.
- Article 29 covers detainees who are voluntarily willing to abide by disciplinary rules imposed on convicted prisoners, and provides a reduced credit for those who do not agree.
Credit rules based on voluntary agreement
- Article 29 grants full time credit when the detention prisoner agrees voluntarily in writing to abide by the disciplinary rules imposed upon convicted prisoners.
- Article 29 withholds full-time credit in two cases:
- (1) when the person is a recidivist, or has been convicted previously twice or more times of any crime; and
- (2) when, upon being summoned for the execution of their sentence, the person fails to surrender voluntarily.
- Article 29 provides a default reduced-credit rule: if the detention prisoner does not agree to abide by the disciplinary rules imposed on convicted prisoners, the prisoner is credited with four-fifths (4/5) of the preventive imprisonment time served.
Mandatory immediate release threshold
- Article 29 requires immediate release for any accused who has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which the accused may be sentenced.
- Article 29 mandates release when the case is not yet terminated.
- Article 29 requires that release is without prejudice to:
- the continuation of the trial; and
- the proceeding on appeal if the same is under review.
- Article 29 provides an exception to immediate release: the accused is not covered if detained by virtue of an arrest, search and seizure order (ASSO).
Special rule for destierro
- Article 29 provides that when the maximum penalty the accused may be sentenced to is destierro, the accused shall be released after thirty (30) days of preventive imprisonment.