Legal Modes of Brief Description

Release
Release on Accused who is not yet convicted is released on his own
Recognizance (RA recognizance or to the custody of two custodians in the
6036) community in lieu of bail bond, cash bail or property bail if
charged with an offense/crime with a corresponding penalty
not exceeding 6-months imprisonment or fine of Php2000. He
should not be a recidivist or habitual delinquent.

Release on Accused who is not yet convicted is released to the custody of

Recognizance (RA a reputable member of the community or on his own
10389) recognizance, in lieu of conventional bail which he cannot
afford due to abject poverty, subject to the monitoring of a
Probation Officer during his provisional release and to certain
conditions and qualifications, provided that he is not charged
with an offense where the imposable penalty is death, reclusion
perpetua or life imprisonment. The accused must not be a
habitual delinquent or recidivist or previously escaped from
prison.

Full Time Credit of Reduction of time to be served by crediting in full the

Preventive preventive Imprisonment of an accused who have signed a
Imprisonment (Art 29, written Manifestation that he is willing to abide by the
RPC) disciplinary rules governing convicted prisoners. If detained
accused refuses or fails to sign he is credited by law with only
four fifths of the period of preventive imprisonment.

Article 29. Period of preventive imprisonment deducted from

term of imprisonment. - Offenders who have undergone
preventive imprisonment shall be credited in the service of
their sentence consisting of deprivation of liberty, with the full
time during which they have undergone preventive
imprisonment, if the detention prisoner agrees voluntarily in
writing to abide by the same disciplinary rules imposed upon
convicted prisoners, except in the following cases:

1. When they are recidivists or have been convicted previously

twice or more times of any crime; and

2. When upon being summoned for the execution of their

sentence they have failed to surrender voluntarily.

If the detention prisoner does not agree to abide by the same

disciplinary rules imposed upon convicted prisoners, he shall
be credited in the service of his sentence with four-fifths of the
 time during which he has undergone preventive imprisonment.
(As amended by Republic Act 6127, June 17, 1970).

Whenever an accused has undergone preventive imprisonment

for a period equal to or more than the possible maximum
imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be
released immediately without prejudice to the continuation of
the trial thereof or the proceeding on appeal, if the same is
under review. In case the maximum penalty to which the
accused may be sentenced is destierro, he shall be released after
thirty (30) days of preventive imprisonment. (As amended by
E.O. No. 214, July 10, 1988).

Preventive imprisonment is imposed upon a person before

he/she is convicted, if he/ she cannot afford bail, or if his/her
criminal case is non-bailable. The Revised Penal Code
provides that one must voluntary submit, in writing, to abide
by the same disciplinary rules as those imposed upon convicted
prisoners.

Release when Early mode of release where the detained accused is

Preventive immediately released from custody by the court when his
imprisonment equals preventive imprisonment equals to or exceeds the maximum
Maximum Imposable imposable penalty for the offense with which he is charged
Penalty (Article 29, without prejudice to the continuation of the trial.
RPC)
Whenever an accused has undergone preventive imprisonment
for a period equal to or more than the possible maximum
imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be
released immediately without prejudice to the continuation of
the trial thereof or the proceeding on appeal, if the same is
under review.
Probation (PD 968) Early mode of release of a convict where the penalty does not
exceed six years provided that he was not previously convicted
and penalized with a penalty of at least one month or a fine of
P200, or convicted of a crime against public order, subject to
the supervision of a Probation Officer until he has completed
his probation period. Probation is approved by the judge upon
recommendation of the Probation Officer after investigation
that shows that he is fit for probation.

What is probation?
Probation is a privilege granted by the court to a person
convicted of a criminal offense to remain in the community
instead of actually going to prison/jail.

What are the advantages of probation?

The government spends much less when an offender is released

on probation than that offender be placed behind bars
(jails/prisons).
The offender and the offender’s family are spared the
embarrassment and dishonor of imprisonment.
The offender and the offender’s family are spared the
embarrassment and dishonor of imprisonment.

WHO CAN APPLY FOR

PROBATION?
Any sentenced offender, not
disqualified, can apply for probation
before serving their prison/jail
sentence.

WHERE AND WHEN

SHALL THE APPLICATION
BE FILED?
The application shall be filed with the
trial court that tried and sentenced the
offender at any time after conviction
and sentence but within fifteen (15)
days after promulgation of judgment.

MAY AN ACCUSED WHO

APPEALED THE CONVICTION
APPLY FOR PROBATION ON
REMAND OF THE CASE TO THE
TRIAL COURT?
As a rule, probation and appeal are mutually exclusive
remedies.
However, if the judgment of conviction that was appealed
imposed
non-probationable penalty and the same was modified through
the imposition of probationable penalty or conviction for a
lesser
crime, which is probationable, the accused shall be allowed to
apply for probation based on the modified decision before
such decision becomes final. The application for probation
based
on the modified decision shall be filed in the trial court,
which tried and convicted the accused or in a trial court where
such case has been re-raffled.

MAY AN ACCUSED IN A JOINT TRIAL

APPLY FOR PROBATION EVEN IF
THE OTHER CO-ACCUSED
APPEALED THEIR CONVICTION?
Yes. In a case involving several defendants where
some have taken further appeal, the other defendants
may apply for probation by submitting a written
application and attaching thereto a certified true
copy of the judgment of conviction.

WHO ARE DISQUALIFIED FROM

APPLYING FOR PROBATION?
a. Those who are sentenced to serve a maximum
term of imprisonment of more than six (6) years;
b. Those who are convicted of any crime against the
national security;
c. Those who have previously been convicted by final
judgment of an offense punished by imprisonment of
more than six (6) months and one (1) day and / or a fine
of more than one thousand (Php1,000.00) pesos;
d. Those who have been once on probation under the provisions
of this Decree;
e. Those who are already serving sentence at the time the
substantive provisions of this Decree became applicable
pursuant to Section 33 hereof.
f. Those legally disqualified under special penal laws:
(1) Offenders found guilty of any election offense
in accordance with Section 264 of B.P. Blg. 881
(Omnibus Election Code);
(2) Offenders found guilty of violating R.A. No.
6727 (Wage Rationalization Act, as amended);
(3) Offenders found guilty of violating R.A. No.
9165, The Comprehensive Dangerous Drugs
Act of 2002, except Sections 12, 14, 17, and 70.

ARE ALL QUALIFIED, CONVICTED

PERSONS AUTOMATICALLY
ENTITLED TO PROBATION?
No. The court will not grant probation if, after
investigation the probation officer finds that:
a. The offender can be treated better in an
 institution or in other places for correction;
b. The offender is a dangerous risk to the
community; or
c. Probation will lessen the gravity of the offense.

WHEN PROBATION IS GRANTED,

WHAT CONDITIONS ARE IMPOSED
BY THE COURT?
The probationer must:
a. Appear before the probation officer within
72 hours;
b. Report to the probation officer at least once
a month;
c. Not commit another offense; and
d. Comply with any other conditions imposed
by the court.

HOW LONG IS THE PERIOD

OF PROBATION?
a. Not more than 2 years if the probationer
was sentenced to imprisonment of 1 year
or less;
b. Not more than 6 years if the probationer
was sentenced to imprisonment of more
than 1 year.

HOW MANY TIMES CAN ONE

BE GRANTED PROBATION?
An offender can be granted probation
only once in a lifetime.

WHAT HAPPENS TO A PROBATIONER

IF THE CONDITIONS OF PROBATION
ARE VIOLATED?
The probation officer investigates the alleged
violation and if it is established, a report is
submitted to the court. Depending upon the
nature and seriousness of the violation, there can
be modification of the conditions or revocation of
probation by the judge. There is also the
possibility of arrest including criminal
prosecution of probationer in the event of
commission of another offense. The revocation
proceeding is summary. If the court finds the
probationer guilty of serious violation of the
conditions of probation, the offender may be
 ordered to serve the original sentence imposed.
ROR Pending Early mode of release where the accused is released to the
Probation custody of reputable members of the community while his
application for probation is under consideration by the judge or
during the post-sentence investigation to determine if he is
qualified.

Probation and Probation and Diversion of case from Criminal Justice System
Diversion for CICL for Children in Conflict with the Law (CICL) mandated under
(RA 9344) the Juvenile Justice and Welfare Act allows release from
detention and settlement of the case through mediation.

Good Conduct Time Reduction of sentence to be served by a convicted prisoner or

Allowance or GCTA the period of detention of an accused undergoing investigation
(RA 10592) or trial on account of good conduct (minimum of 20 days and
maximum of 30 days per month) and/or by engaging in study,
teaching or mentoring (15 days per month) and/or for loyalty
when he escapes and returns within a mandated period or does
not leave the jail premises although there is an opportunity to
escape on the occasion of a calamity. (one-fifth to two-fifths
reduction of sentence or imposable penalty respectively).

Bail Mode of provisional release of an accused after the posting of

bail bond or deposit of cash or real property to guarantee the
appearance of the accused whenever required by the court. If
the offense with which he is charged is punishable.

Bail (Rule 114) Nature

(1) All persons, except those charged with offenses punishable

by reclusion perpetua when evidence of guilt is strong, shall
before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege of the writ
of habeas corpus is suspended. Excessive bail shall not be
required (Sec. 13, Art. III, The Constitution).
(2) Bail is the security given for the release of a person in
custody of the law, furnished by him or a bondsman, to
guarantee his appearance before any court as required under
the conditions hereinafter specified. Bail may be given in the
form of corporate surety, property bond, cash deposit, or
recognizance (Sec. 1).
(3) Bail is the security required by the court and given by the
accused to ensure that the accused appear before the proper
court at the scheduled time and place to answer the charges
brought against him. It is awarded to the accused to honor the
presumption of innocence until his guilt is proven beyond
reasonable doubt, and to enable him to prepare his defense
without being subject to punishment prior to conviction (Cortes
vs. Catral, 279 SCRA 1. Its main purpose is to relieve an
accused from the rigors of imprisonment until his conviction
and secure his appearance at the trial (Paderanga vs. CA, 247
SCRA 741).
(4) The person seeking provisional release need not wait for a
formal complaint or information to be filed against him as it is
available to all persons where the offense is bailable, so long
as the applicant is in the custody of the law (Paderanga vs. CA,
247 SCRA 741).

(5) Kinds of bail:

(a)Corporate bond — one issued by a corporation licensed to

provide bail subscribed jointly by the accused and an officer
duly authorized by its board of directors (Sec. 10).
(b)Property bond — an undertaking constituted as a lien on the
real property given as security for the amount of the bond (Sec.
11).
(c)Recognizance — an obligation of record entered into
usually by the responsible members of the community before
some court or magistrate duly authorized to take it, with the
condition to do some particular act, the most usual act being to
assure the appearance of the accused for trial (People vs.
Abner, 87 Phil. 566).
(d)Cash deposit — the money deposited by the accused or any
person acting on his behalf, with the nearest collector of
internal revenue, or provincial, city or municipal treasurer.
Considered as bail, it may be applied to the payment of any fees
and costs, and the excess, if any, shall be returned to the
accused or to whoever made the deposit (Sec. 14).

When a matter of right; exceptions

(1) All persons in custody shall be admitted to bail as a matter

of right, with sufficient sureties, or released on recognizance as
prescribed by law or this Rule (a) before or after conviction by
the Metropolitan Trial Court, Municipal Trial Court, Municipal
Trial Court in Cities, or Municipal Circuit Trial Court, and (b)
before conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment
(Sec. 4, Rule 114).
(2) If bail can be granted in deportation cases, we see no
justification why it should not also be allowed in extradition
cases. After all, both are administrative proccedings where the
innocence or guilt of the person detained is not in issue (Govt.
of Hongkong vs. Olalia, GR 153675, April 19, 2007).
(3) Bail is a matter of right before final conviction, but the rule
is not absolute. The exception is when a person is charged with
a capital offense when the evidence of guilt is strong, or when
the offense for which on is charged is punishable by reclusion
perpetua. The exception to this rule, however, is even if a
person is charged with a capital offense where the evidence of
guilt is strong, if the accused has failing health, hence, for
humanitarian reasons, he may be admitted to bail, but that is
discretionary on the part of the court (De La Ramos vs.
People‘s Court, 77 Phil. 461; Catiis vs. CA, 487 SCRA 71).

When a matter of discretion

(1) Upon conviction by the Regional Trial Court of an offense

not punishable by death, reclusion perpetua, or life
imprisonment, admission to bail is discretionary. The
application for bail may be filed and acted upon by the trial
court despite the filing of a notice of appeal, provided it has not
transmitted the original record to the appellate court. However,
if the decision of the trial court convicting the accused changed
the nature of the offense from non-bailable to bailable, the
application for bail can only be filed with and resolved by the
appellate court.
Should the court grant the application, the accused may be
allowed to continue on provisional liberty during the pendency
of the appeal under the same bail subject to the consent of the
bondsman.
If the penalty imposed by the trial court is imprisonment
exceeding six (6) years, the accused shall be denied bail, or his
bail shall be cancelled upon a showing by the prosecution, with
notice to the accused, of the following or other similar
circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual
delinquent, or has committed the crime aggravated by the
circumstance of reiteration;
(b) That he has previously escaped from legal confinement,
evaded sentence, or violated the conditions of his bail without
valid justification;
(c) That he committed the offense while under probation,
parole, or under conditional pardon;
(d) That the circumstances of his case indicate the probability
of flight if released on bail; or
(e) That there is undue risk that he may commit another crime
during the pendency of the appeal. The appellate court may,
motu proprio or on motion of any party, review the resolution
of the
Regional Trial Court after notice to the adverse party in either
case (Sec. 5, Rule 114).
(2)Where the grant of bail is a matter of discretion, or the
accused seeks to be released on recognizance, the application
may only be filed in the court where the case is pending,
whether on preliminary investigation, trial, or on appeal (Sec.
17[a]).
(3)The discretion lies in the determination of whether the
evidence of guilt is strong. If it is determined that it is not
strong, then bail is a matter of right. There is no more discretion
of the court in denying the bail, the moment there is a
determination that the evidence of guilt is not strong.
Hearing of application for bail in capital offenses
(1) A bail application in capital offense does not only involve
the right of the accused to temporary liberty, but likewise the
right of the State to protect the people and the peace of the
community from dangerous elements. Accordingly, the
prosecution must be given ample opportunity to show that the
evidence of guilt is strong, because, by the very nature of
deciding applications for bail, it is on the basis of such evidence
that judicial discretion is exercised in determining whether the
evidence of guilt is strong is a matter of judicial discretion.
Though not absolute nor beyond control, the discretion within
reasonable bounds (People vs. Antona, GR 137681, Jan. 31,
2002).
(2) A hearing in an application for bail is absolutely
indispensable before a judge can properly determine whether
the prosecution‘s evidence is weak or strong. In receiving
evidence on bail, while a court is not required to try the merits
of the case, he must nevertheless conduct a summary hearing
which is ―such brief and speedy method of receiving and
considering the evidence of guilt as is practicable and
consistent with the purpose of the hearing which is to
determine the weight of the evidence for purposes of the bail
(In re complaint against Judge Elma, AM RTJ-94-1183, Feb.
8, 1994).
(3) A judge should not hear a petition for bail in capital offenses
on the same day that the petition was filed. He should give the
prosecution a reasonable time within which to oppose the
same. Neither is he supposed to grant bail solely on the belief
that the accused will not flee during the pendency of the case
by reason of the fact that he had even voluntarily surrendered
to the authorities. Voluntary surrender is merely a mitigating
circumstance in decreasing the penalty that may eventually be
imposed upon the accused in case of conviction but is not a
ground for granting bail to an accused charged with a capital
offense (Sule vs. Judge Bitgeng, 60 SCAD 341,April 18,
1995).

Guidelines in fixing amount of bail

(1) The judge who issued the warrant or granted the application
shall fix a reasonable amount of bail considering primarily, but
not limited to, the following factors:
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that the accused was a fugitive from justice when
arrested; and
(j) Pendency of other cases where the accused is on bail.
Excessive bail shall not be required (Sec. 9).

Bail when not required

(1)No bail shall be required when the law or these Rules so

provide.
When a person has been in custody for a period equal to or
more than the possible maximum imprisonment prescribed for
the offense charged, he shall be released immediately, without
prejudice to the continuation of the trial or the proceedings on
appeal. If the maximum penalty to which the accused may be
sentenced is destierro, he shall be released after thirty (30) days
of preventive imprisonment.
A person in custody for a period equal to or more than the
minimum of the principal penalty prescribed for the offense
charged, without application of the Indeterminate Sentence
Law or any modifying circumstance, shall be released on a
reduced bail or on his own recognizance, at the discretion of
the court (Sec. 16).
Increase or Reduction of Bail
(1)After the accused is admitted to bail, the court may, upon
good cause, either increase or reduce its amount. When
increased, the accused may be committed to custody if he does
not give bail in the increased amount within a reasonable
period. An accused held to answer a criminal charge, who is
released without bail upon filing of the complaint or
information, may, at any subsequent stage of the proceedings
whenever a strong showing of guilt appears to the court, be
required to give bail in the amount fixed, or in lieu thereof,
committed to custody (Sec. 20).
Forfeiture and Cancellation of bail
(1) When the presence of the accused is required by the court
or these Rules, his bondsmen shall be notified to produce him
before the court on a given date and time. If the accused fails
to appear in person as required, his bail shall be declared
forfeited and the bondsmen given thirty (30) days within which
to produce their principal and to show cause why no judgment
should be rendered against them for the amount of their bail.
Within the said period, the bondsmen must:
(a) produce the body of their principal or give the reason for
his non-production; and
(b) explain why the accused did not appear before the court
when first required to do so.
Failing in these two requisites, a judgment shall be rendered
against the bondsmen, jointly and severally, for the amount of
the bail. The court shall not reduce or otherwise mitigate the
liability of the bondsmen, unless the accused has been
surrendered or is acquitted (Sec. 21).
(2) Upon application of the bondsmen, with due notice to the
prosecutor, the bail may be cancelled upon surrender of the
accused or proof of his death. The bail shall be deemed
automatically cancelled upon acquittal of the accused,
dismissal of the case, or execution of the judgment of
conviction. In all instances, the cancellation shall be without
prejudice to any liability on the bail (Sec. 22).

Application not a bar to objections in illegal arrest, lack of or

irregular preliminary investigation

(1) The posting of the bail does not constitute a waiver of any
question on the irregularity attending the arrest of person. He
 can still question the same before arraignment, otherwise, the
right to question it is deeme3d waived. It was also said that
posting bail is deemed to be a forfeiture of a habeas corpus
petition which becomes moot and academic (Arriba vs. People.
`07 SCRA 191; Bagcal vs. Villaroza, 120 SCRA 525).
(2)An application for or admission to bail shall not bar the
accused from challenging the validity of his arrest or the
legality of the warrant issued therefor, or from assailing the
regularity or questioning the absence of a preliminary
investigation of the charge against him, provided that he raises
them before entering his plea. The court shall resolve the matter
as early as practicable but not later than the start of the trial of
the case (Sec. 26).
(3)The arraignment of an accused is not a prerequisite to the
conduct of hearings on his petition for bail. A person is allowed
to petition for bail as soon as he is deprived of his liberty by
virtue of his arrest or voluntary surrender (Mendoza vs. CFI of
Quezon, 51 SCAD 369). an accused need not wait for his
arraignment before filing a petition for bail. In Lavides vs. CA,
324 SCRA 321, it was held that in cases where it is authorized,
bail should be granted before arraignment, otherwise the
accused may be precluded from filing a motion to quash. This
pronouncement should be understood in the light of the fact
that the accused in said case filed a petition for bail as well as
a motion to quash the informations filed against him. It was
explained that to condition the grant of bail to an accused on
his arraignment would be to place him in a position where he
has to choose between: (1) filing a motion to quash and thus
delay his release on bail because until his motion to quash can
be resolved, his arraignment cannot be held; and (2) foregoing
the filing of a motion to quash so that he can be arraigned at
once and thereafter be released on bail. This would undermine
his constitutional right not to be put on trial except upon a valid
complaint or information sufficient to charge him with a crime
and his right to bail. It is therefore not necessary that an accused
be first arraigned before the conduct of hearings on his
application for bail. For when bail is a matter of right, an
accused may apply for and be granted bail even prior to
arraignment (Serapio vs. Sandiganbayan, GR Nos. 148468-69,
149116, Jan. 28, 2003).

Three-Fold Rule A mode of reducing service of sentence in multiple convictions

of at least four where the maximum penalty to be served will
not exceed the highest penalty imposed multiplied by three.

What is the Three-fold Rule?

 The threefold rule is a law on the service of prison sentence
which provides that the maximum duration of the convict's
sentence shall not be more than three-fold the length of time
corresponding to the most severe of the penalties imposed upon
him. No other penalty to which he may be liable shall be
inflicted after the sum total of those imposed equals the same
maximum period. (Art. 70, Revised Penal Code)

- it means that if the convict were to suffer several penalties,

the maximum duration of his sentence shall not be more than 3
times the most severe penalty. The maximum period cannot
exceed 40 years.

How is the penalty computed?

Determine the most severe penalty meted and multiply the
duration by 3.
Add the maximum term of all the different sentences imposed
upon the convict.
Compare the results of #1 and #2.
The convict will serve out the lesser of the two but in no case
shall it exceed a period of forty (40) years.

Parole A mode of early release for those convicted of crimes not

subject to probation but penalized with an indeterminate
sentence.

PAROLE AND EXECUTIVE CLEMENCY Q AND A

What is parole?

It is the conditional release of a prisoner from correctional

institution after serving the minimum period of prison
sentence.

Who cannot be granted parole?

Generally, those sentenced to a term of imprisonment of one

(1) year or less, or to a straight penalty, or to a prison sentence
without a minimum term of imprisonment.

Who may grant parole to a prisoner?

The Board of Pardons and Parole, an agency under the Office

of the Secretary of Justice.
WHEN MAY A PRISONER BE
GRANTED PAROLE?
Whenever the Board of Pardons and
Parole finds that there is a reasonable
probability that, if released, the
prisoner will be law-abiding and that
the release will not be incompatible
with the interest and welfare of society.

WHAT HAPPENS IF A
PAROLEE VIOLATES THE
CONDITIONS OF HIS
PAROLE?
The parolee shall be rearrested and
recommitted or returned to prison to
serve the unexpired portion of the
maximum period of his sentence.

WHAT IS EXECUTIVE
CLEMENCY?
It refers to the Commutation of
Sentence, Conditional Pardon and
Absolute Pardon maybe granted by the
president upon recommendation
of the Board.

WHAT IS COMMUTATION OF
SENTENCE?
It is the reduction of the period of
a prison sentence.

WHO MAY FILE A PETITION

FOR CONDITIONAL PARDON?
A prisoner who has served at least
one-half (1/2) of the maximum of the
original indeterminate
and/or definite prison term.

WHO MAY GRANT

COMMUTATION OF
SENTENCE AND PARDON?
The President of the Philippines.

WHO MAY FILE A PETITION

FOR COMMUTATION OF
SENTENCE?
The Board may review the petition of
a prisoner for commutation of sentence
if the following minimum requirements
are met:
Ø At least one-third (1/3) of the
definite or aggregate prison terms;
Ø At least one half (1/2) of the
minimum of indeterminate
or aggregate minimum of
of the indeterminate prison
terms;
Ø At least ten (10) years for inmates
sentenced to one (1) Reclusion
Perpetua or one (1) life
imprisonment, for crimes/offenses
not punishable under Republic Act
No. 7659 and other special
laws.
Ø At least thirteen (13) years, for
inmates whose indeterminate
and/or definite prison term
were adjusted to a definite
prison term of forty (40) years in
accordance with the provisions of
Article 70 of the Revised Penal
Code, as amended;
Ø At least fifteen (15) years for
inmates convicted of heinous crimes
as defined in Republic Act No. 7659
committed on or after
January 1, 1994 and sentenced
to one (1) Reclusion Perpetua
or one (1) life imprisonment;
Ø At least eighteen (18) years for
inmates sentenced to Reclusion
Perpetua or life imprisonment for
violation of RA 6495, as amended,
otherwise known as “The Dangerous
Drugs Act of 1972”, or RA 9165,
known as “The Comprehensive
Dangerous Drugs Act of 2002”,
and for kidnapping for ransom, or
violation of the laws on terrorism,
plunder, and transnational crimes;
Ø At least twenty (20) years, for
 inmates sentenced to two (2) or
more Reclusion Perpetua or life
imprisonment even if their
sentences were adjusted to a
definite prison term of forty
(40) years in accordance with
the provisions of Article 70 of the
Revised Penal Code, as amended;
Ø At least twenty-five (25) years for
inmates originally sentenced to
death penalty but which was
automatically reduced or commuted
to Reclusion Perpetua or life
imprisonment

WHO MAY FILE A PETITION

FOR ABSOLUTE PARDON?
Ø One may file a petition for absolute
pardon if the maximum sentence is
served or granted final release and
discharge or court termination of
probation.

IS A PRISONER WHO IS
RELEASED ON PAROLE OR
CONDITIONAL PARDON
WITH PAROLE CONDITIONS
PLACED UNDER
SUPERVISION?
Yes, the prisoner is placed under the
supervision of a Probation and Parole
Officer.

Section 70 of the Revised Penal Code provides:

"ARTICLE 70. Successive service of sentences. — When the culprit has to serve two or
more penalties, he shall serve them simultaneously if the nature of the penalties will so
permit; otherwise, the following rules shall be observed:

In the imposition of the penalties, the order of their respective severity shall be followed so
that they may be executed successively or as nearly as may be possible, should a pardon
have been granted as to the penalty or penalties first imposed, or should they have been
served out.

For the purpose of applying the provisions of the next preceding paragraph the respective
severity of the penalties shall be determined in accordance with the following scale:
 1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Arresto menor,

8. Destierro,

9. Perpetual absolute disqualification,

10. Temporary absolute disqualification,

11. Suspension from public office, the right to vote and be voted for, the right to
follow profession or calling, and

12. Public censure.

Notwithstanding the provisions of the rule next preceding, the maximum duration of the
convict's sentence shall not be more than threefold the length of time corresponding to the
most severe of the penalties imposed upon him. No other penalty to which he may be liable
shall be inflicted after the sum total of those imposed equals the same maximum period.

Such maximum period shall in no case exceed forty years.

In applying the provisions of this rule the duration of perpetual penalties (penal perpetua)
shall be computed at thirty years."

Article 70 of the Revised Penal Code allows simultaneous service of two or more penaltiesonly if the
nature of the penalties so permit.5 The penalties that can be simultaneously served are: (1) perpetual
absolute disqualification, (2) perpetual special disqualification, (3) temporary absolute
disqualification, (4) temporary special disqualification, (5) suspension, (6)destierro, (7) public
censure, (8) fine and bond to keep the peace, (9) civil interdiction, and (10) confiscation and
payment of costs. These penalties, exceptdestierro, can be served simultaneously with
imprisonment. The penalties consisting in deprivation of liberty cannot be served simultaneously by
reason of the nature of such penalties.6 Where the accused is sentenced to two or more terms of
imprisonment, the terms should be served successively.7
=======The new IRR of Republic Act 10592 or the GCTA law now categorically
excludes heinous crime convicts like Sanchez from the benefits of the GCTA Law.

Here are the salient amendments in the new IRR:

1. Recidivists, habitual delinquents, escapees, those charged with heinous crimes and
an accused who, upon being summoned for the execution of his sentence has failed to
surrender voluntarily before a court of law, are excluded from good conduct time
allowance under RA 10592 (Section 2, Rule IV)

2. Prisoners disqualified under RA 10592, such as heinous crime convicts, but who
were convicted before the law became effective in 2013 shall be entitled to good
conduct time allowance under the Revised Penal Code (2nd paragraph, Section 1, Rule
XIII)

3. Prisoners disqualified under RA 10592, such as heinous crime convicts, and who
were convicted after the law became effective in 2013, shall not be entitled to any type
of good conduct time allowance (3rd paragraph, Section 1, Rule XIII)

4. Heinous crimes are the same heinous crimes defined under Republic Act 7659 or the
now-repealed death penalty law. It is the DOJ's view that RA 7659 was repealed only
insofar as imposing the death penalty, but not the definition of heinous crimes (Section
1n, Rule II)

5. To increase transparency, the Management, Screening and Evaluation Committee

(MSEC) shall publish the list of prisoners who may be qualified for release on 3
conspicuous places within the jail premises and/or uploaded in their respective websites
subject to the Data Privacy Act (Section 3c, Rule VIII)

6. The MSEC shall invite representatives from accredited civil society organizations to
appear as observers during deliberations (Section 4, Rule VIII)

7. To encourage sustained good behavior, the new IRR says accrued time allowances
shall be granted at the end of the prisoners' 2nd year, 5th year, 10th year, 11th year and
every year thereafter (Section 2, Rule IX)

In the new rule, GCTAs accrue monthly to follow the law, but are granted at the end of
the 2nd year, 5th year, 10th year, 11th year, and beyond.

"So therefore if a particular prisoner for example commits an offense, a grave offense,
within a 2-year period, then in the operational guidelines you may have a basis to say
that that particular prisoner, by virtue of his commission of an offense, forfeits the entire
accrued time allowance," Justice Undersecretary Markk Perete said in a news
conference on Friday September 20.

8. The grant of time allowances to a disqualified prisoner, whether under the previous or
present Rules, shall not extinguish criminal liability (Section 1, Rule X)

=====In Plea Bargaining Network, there shall be no plea bargaining in cases where the penalty is life
imprisonment or life imprisonment to death.

Furthermore, the SC disclosed that there is no plea bargaining under Section 5 of Republic Act 9165 or the
Comprehensive Dangerous Drugs Act, which penalizes sale, trading, administration, dispensation, delivery,
distribution and transportation of all kinds of dangerous drugs.

Under the new framework, only those charged with violation of Section 11 of RA 9165 for possession of
illegal drugs where the quantity is less than five grams (in case of shabu, opium, morphine, heroin and
cocaine, and less than 300 grams in case of marijuana) with a penalty of 12 years and one day to 20 years
in prison and a fine ranging from P300,000 to P400,000 can plea bargain to violation of Section 12 that
carries a penalty of six months and one day to four years in prison and a fine ranging from P10,000 to
P50,000.

Also the SC mandated that a drug dependency test is required to all cases regardless of the penalty.

“If accused admits drug use, or denies it but is found positive after drug dependency test, he/she shall
undergo treatment rehabilitation for a period of not less than six month,” the high court said.

On the other hand, if the accused is charged with possession of shabu, opium, morphine, heroin, and
cocaine of more than five grams but not exceeding 10 grams, or with marijuana of 300 grams but not more
than 500 grams (Section 11), the accused can enter into a plea bargain to violation of Section 11 (less than
five grams in case of shabu, etc. and less than 300 grams of marijuana) to lower the penalty from 20 years
to life imprisonment and fine ranging from P400,000 to P500,000, to 12 years and one day to 20 years
prison term and fine ranging from P300,000 to P400,000.

If an accused is charged with possession of equipment, apparatus and other paraphernalia for dangerous
drugs under Section 12, he or she can plea bargain to violation of Section 15 or use of dangerous drugs to
lessen the penalty from six months and one day to four years in prison and fine from P10,000 to P50,000,
to six months treatment and rehabilitation if he or she admits drug use or is found positive after drug
use/dependency test.

For violation of Section 14 for possession of equipment, apparatus and other paraphernalia for dangerous
drugs during parties, social gatherings or meeting, he or she can plea bargain to violation of Section 15 on
use of dangerous drugs to lower the penalty from a maximum or four months in prison to six months of
treatment and rehabilitation.

he Supreme Court on Tuesday allowed with finality plea bargaining in drug cases at the lower court level.

This as the SC upheld with finality its declaration as unconstitutional the prohibition in Republic Act No.
9165, the Comprehensive Dangerous Drugs Act of 2002, that bans plea bargaining.

The SC ruled Section 23 of RA 9165 is contrary to Article 8, Section 5 (5) of the 1987 Constitution that
empowered the SC to allow plea bargaining in criminal cases.

With this final ruling, accused in drug-related offenses can now plead guilty to a lesser offense, provided
that it is allowed by the prosecutor.

“The Court’s decision of August 15, 2017 struck section 23 of RA 9165 (which had prohibited plea bargaining
in all proceedings involving the violation bargaining in all proceedings involving the violation of the
Dangerous Drugs Law) as unconstitutional for being contrary to the rule-making authority of the court” Te
said.

The Public Attorney Office took the issue to the Supreme Court after the Regional Trial Court of Legazpi
City denied the request of Salvador A. Estipona Jr. who was charged with illegal possession of one sachet
of shabu, to enter into a plea bargaining agreement since it is prohibited under Section 23 of R.A. 9165.

=====The Supreme Court (SC) ordered on April 10 the adoption of a framework for
plea bargain deals in drug cases, which was previously prohibited by the Dangerous
Drugs Act or Republic Act 9165. A copy of the notice was was released just recently.

The SC declared Section 23 of RA 9165 unconstitutional as it granted the petition of

Salvador Estipona of Legazpi City, who wanted to enter into a plea bargain after he was
caught with 0.084 grams of shabu.

From now on, those caught with possession of small quantities of shabu, marijuana et al
will be allowed to plead guilty to a lesser offense of possession of paraphernalia.

For example, possession of up to 4.99 grams of shabu, opium, morphine, heroin and
cocaine, and up to 299.99 grams of marijuana which usually have a penalty of 12 years
to 20 years imprisonment, can now be converted via plea bargaining to possession of
paraphernalia which is penalized by only 6 months to 4 years in jail.

Possession of above 10 grams of shabu, opium, morphine, heroin and cocaine, and
above 500 grams of marijuana will have no plea bargaining.
The SC was less tolerant on drug trading or selling. Only very small quantities are
allowed plea bargain deals under the framework.

Those caught selling or trading up to 0.99 grams of shabu and up to 9.99 grams of
marijuana will also be allowed to enter into a plea bargain deal. What was ordinarily
punished by lifetime imprisonment will be penalized under the plea bargain agreement
by only 6 months to 4 years in prison.

But those caught selling and trading over 1 gram of shabu and over 10 grams of
marijuana will not be entitled to plea bargain deals.

This will have a significant impact on the rights of small time drug personalities, who will
now be given a chance to reform, especially under the context of the administration’s
brutal war on drugs.

It is also expected to decongest Philippine jails and declog court dockets.

====The SC said that plea bargaining is not allowed in drugs cases where the penalty is life
imprisonment or death.

Plea bargaining is also not allowed under Section 5 of RA 9165 on the sale, trading, administration,
dispensation, delivery, distribution and transportation of all kinds of dangerous drugs, the SC noted.

Under the plea bargaining framework, an accused charged with violation of Section 11 of RA 9165
on possession of dangerous drugs where the quantity is less than 5 grams (in case of shabu, opium,
morphine, heroin and cocaine, and less than 300 grams in case of marijuana) with a penalty of 12
years and one day to 20 years in prison and a fine ranging from PHP300,000 to PHP400,000, he or
she can plea bargain to a violation of Section 12 on possession of equipment, instrument, apparatus,
etc. with a penalty of six months and one day to four years in prison and a fine ranging from
PHP10,000 to PHP50,000.

In this case, the SC said “the court is given the discretion to impose a minimum period and a
maximum period to be taken from the range of penalty provided by law.”

It said “a straight penalty within the range of six months and one day to one year may likewise be
imposed.”

The SC also said, “In all instances, whether or not the maximum period of the penalty is already
served, drug dependency test shall be required. If accused admits drug use, or denies it but is found
positive after drug dependency test, he/she shall undergo treatment rehabilitation for a period of not
less than six month.

“Said period shall be credited to his/her penalty and the period of his/her after-care and follow-up
program if penalty is still unserved. If accused is found negative for drug use/dependency, he/she
will be released on time served, otherwise, he/she will serve his sentence in jail minus the
counseling period at rehabilitation center.
"However, if accused applies for probation in offenses punishable under RA 9165, other than for
illegal drug trafficking or pushing under Section 5 in relation to Section 24 thereof, then the law on
probation shall apply."

Also under Section 11, if the accused is charged with possession of shabu, opium, morphine, heroin,
and cocaine of more than 5 grams but not exceeding 10 grams, or with marijuana of 300 grams but
not more than 500 grams, he or she can plea bargain to violation of Section 11 (less than 5 grams in
case of shabu, etc. and less than 300 grams of marijuana) to lower the penalty from 20 years to life
imprisonment and fine ranging from PHP400,000 to PHP500,000, to 12 years and one day to 20
years prison term and fine ranging from PHP300,000 to PHP400,000.

If an accused is charged with possession of equipment, apparatus and other paraphernalia for
dangerous drugs under Section 12, he or she can plea bargain to violation of Section 15 or use of
dangerous drugs to lessen the penalty from six months and one day to four years in prison and fine
from PHP10,000 to PHP50,000, to six months treatment and rehabilitation if he or she admits drug
use or is found positive after drug use/dependency test.

For violation of Section 14 for possession of equipment, apparatus and other paraphernalia for
dangerous drugs during parties, social gatherings or meeting, he or she can plea bargain to violation
of Section 15 on use of dangerous drugs to lower the penalty from a maximum or four months in
prison to six months of treatment and rehabilitation.