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Time Allowances PDF
Time Allowances PDF
i. Foreword............................................................................... i
ii. Message of the DOJ Secretary................................................ ii
iii. Message of the DILG Secretary............................................... iii
iv. Message of Undersecretary, DOJ............................................. iv
v. Acknowledgment of Joint DOJ-DILG Committee....................... v
Chapter 1. Introduction................................................................ 1
It will answer the gap in the public administration of the Bureau of Jail
Management and Penology (BJMP) vis-a-vis the Bureau of Corrections (BuCor) in the
computation of the time credits earned by the PDLs. Since the enactment of Republic
Act No. 10592 dated 29 May 2013 or the law amending the time allowances provided
by Act No. 3815 otherwise known as The Revised Penal Code, the BJMP and the
local jail authorities have been given the mandate to grant time allowances to PDLs.
Having now additional agencies other than the BuCor in the implementation of the law
have resulted in different approaches on how to grant time allowances resulting in the
dysfunctional administration of justice to the detriment of the PDLs who have earned
their rightful credits.
This manual integrated the system of the different agencies under a separate
organizational structure that starts from the local prison authorities, to the BJMP, BuCor,
Boards of Pardon and Parole, Parole and Probation Administration and finally to the
President of the Republic of the Philippines.
REYNANTE B. ORCEO
Undersecretary, Department of Justice
First Published on 01 December 2017
Message
Heller Keller, the blind and the deaf achiever once said, “Alone we can do so
little. Together we can do so much.”
May the same unity of purpose which powered the drafting be also evident in
the implementation of these rules. The true fruition and the true unfolding is indeed in
putting the words into action! I hope that all who will be involved will be up to the task.
MABUHAY!
VITALIANO N. AGUIRRE II
Secretary
Message
My warmest congratulations to the Department of Justice (DOJ) - Department of the
Interior and Local Government (DILG) Joint Committee for its completion of the Uniform Manual
on Time Allowance and Service of Sentence launched this October 2017.
For years, the computation of Good Conduct Time Allowance (GCTA) and
other similar schemes left many people confused. In order to clarify and simplify
matters related to this, the DOJ, together with the DILG, created this book that would
serve as a uniform policy for all of the parties concerned.
Our deep gratitude goes out for those who have put in a lot of letters and
hard work together for this Manual. It would not have been possible at all without
the collaboration among the Board of Pardons and Parole, the Bureau of Corrections,
the Parole and Probation Administration, and the Bureau of Jail Management and
Penology,
CATALINO S. CUY
Officer-in-Charge
Message
It is with great pride and honor that we have accomplished the big step
towards the unification of the corrections system. With the publication of the Uniform
Manual on Time Allowances and Service of Sentence, it is with hope that the PDLs who
have rightfully earned their time allowance will benefit from it. The reform mechanism
that the PDLs have undergone from the first day of their detention and up to the time of
the service of their sentence will be continually credited.
This manual, with the integrated system in place, will help decongest prison
facilities through the regular and updated computation of the PDLs’ earned time
allowances that will lead to their freedom.
REYNANTE B. ORCEO
Undersecretary, Department of Justice
ATTY. REYNANTE B. ORCEO ATTY. GENESIS M. GATDULA MS. RICHEZ JOYCE L. MATIBAG
Undersecretary Attorney V Administrative Officer V
ATTY. ROY P. ATTY. MA. RAMELISA ATTY. DEXTER B. NGIPOL MR. MARK DAVID A.
VALENZUELA DIAL-QUIGAO Jail Officer 1 MONTES
Jail Superintendent Jail Senior Inspector Jail Officer 1
Deputy Director, DIWD
ATTY. DAISY SEVILLA- MR. JOSE RAMON C. MR. RAMONCITO ROQUE MR. GIL C. LLANO
CASTILLOTE PADUA Chief, Inmate Documents Chief, IT Section
Chief, Legal Office Chief, Rehabilitations and Processing Section
Operation Division
ATTY. MA. CHARINA B. DY PO, CESO III ATTY. WILBERTO E. TOLITOL ATTY. NOEL O. ADRIATICO
Director IV State Counsel V State Counsel III
ATTY. ERNESTO P. DIZON ATTY. ALFREDO S. MALONDA, JR. MR. RENE C. SUAREZ
Deputy Executive Director Chief Parole Officer Assistant Parole Officer
League of Provinces of
DOJ-Legal Batangas City Jail
the Philippines (LPP)
Chapter 1
Introduction
The law further allows the Director General of BuCor, Chief of the
BJMP, and Wardens (of provincial, district, municipal or city jails) to grant
time allowances for good conduct, studying, teaching or mentoring and/or
loyalty. Previously, only the BuCor Director was authorized to grant such
privilege5.
1. The duty of the State to provide elementary and high school education
to its citizens, for free, is fulfilled even among those behind bars.
1
An Act Amending Articles 29, 94,97, 98 and 99 of Act No. 3815 which was signed into law on 29 May 2013;
2
see Official Gazette website: http://www.gov.ph/2013/05/29/republic-act-no-10592/;
3
Id.;
4
Id.;
5
City Warden of the Manila City Jail v. Raymund Estrella, et. al., G. R. No. 141211, 31 August 2001;
6. This manual will achieve the coherence and teamwork in the application
of the law and its rules among duty bearers and stakeholders.
“provide and each have their own new manual to guide them in
the effective implementation and carry out the mandate of Republic Act
No. 10592”6
Definition of Terms
Abbreviations
a) Recidivists
b) Habitual Delinquents
c) Escapees
d) Persons charged with heinous crimes
2. Is not a recidivist;
2. Is a recidivist;
4. Has been summoned for the execution of his sentence, but failed
to surrender voluntarily.
However, PDL who did not qualify to be granted of full CPI shall still
be entitled to a credit of 4/5 of preventive imprisonment provided
that the PDL signs PDL’s Waiver.
1. The CPI Officer shall immediately inform the PDL, using Corrections
Cluster Form Nos. 17 and 28, upon commitment, of the benefits
provided under Article 299, Revised Penal Code in the presence
of and assisted by a private counsel or a public attorney, in a
language known to and understood by the PDL.
7
Annex “D”;
8
Annex “E”;
9
Article 29. Period of preventive imprisonment deducted;
a) full CPI; or
b) four-fifth (4/5) CPI.
1. If PDL does not want to sign the PDL’s Manifestation after the
benefits were explained, he/she shall sign a PDL’s Waiver containing
a declaration that:
a) inform the PDL and his/her counsel within thirty (30) days
before or immediately upon determination of the expiration
of the maximum imposable penalty; or
b) in the absence of a counsel, assist the PDL in availing release
in accordance with Article 29, RPC,in the filing of the necessary
pleading before the court for the issuance of a release order.
Upon conviction, the CPI and other time allowances earned shall
be credited to the service of penalties.
1. Death;
2. Reclusion perpetua;
3. Reclusion temporal;
4. Prision mayor;
5. Prision correccional;
6. Arresto mayor;
7. Arresto menor.
Any member of the MSEC who may have a conflict of interest, bias,
prejudice for or against an applicant for time allowances and/or deductions
shall inhibit from the entire proceeding concerning said application.
Annex “M”;
12
1. GCTA
2. TASTM
2. Prisons shall keep a master list of PDL who have been allowed to
study, teach, or mentor within their respective prison;
3. The MSEC shall be tasked to monitor and certify whether said PDL
has actually and actively studied, taught or performed mentoring
duties for the period covered;
a) conflagration;
b) earthquake;
c) explosion;
d) similar catastrophe; or
e) during a mutiny in which he has not participated
4. Entitlement
6. The Chief, BJMP may act upon or grant a PDL’s application for any
of the time allowances thru the BJMP NHQ MSEC. The Order from
the Chief, BJMP shall be controlling over and supersedes that of
a Warden provided that the latter is duly and promptly notified of
such grant;
8. On the part of the BuCor, the PDL may seek reconsideration with
the Director General of the Bureau of Corrections.
MSEC Deliberation
MSEC Resolution/Recommendation
Upon receipt of the mittimus order, the BJMP and Provincial Jails
shall transfer the PDL to the BuCor.
Within thirty (30) days after the transfer of PDL to the BuCor, the
local jails shall transmit the record of PDL to BuCor, as follows:
a) Commitment Order;
b) Information or complaint;
c) Decision or Judgment;
d) Medical certificate issued by BJMP or any government
physician;
e) Certificate of detention from the law enforcement agency/
ies that had prior custody of the PDL;
f) Certificate of detention at jail facility;
g) PDL’s Manifestation or Waiver (Art. 29, RPC);
h) Certificate of Time Allowances granted;
i) Certificates of attendance in rehabilitation/development
programs/activities;
j) Bail records, if available
k) Other records
At least one (1) month prior to the date when PDL’s case shall be
eligible for review, the BuCor shall forward to the BPP the PDL Carpeta
together with the following documents:
The BPP, may in its discretion, refer the application for parole/
executive clemency to DOJ-PPA which shall submit its report and
recommendation within thirty (30) days from receipt of such referral. The
report shall contain information related to the character, antecedents,
environment, mental and physical condition of PDL, available institutional
and community resources and result of records verification with the justice
system agencies. In special matters, the BPP shall likewise refer matters
pertaining to Parole/Executive Clemency for comment by the following:
Upon receipt of the summary report, the BPP shall, upon the
recommendation of the DOJ-PPA that parolee/conditional pardonee
complies with all the conditions of his/her Release Document, the BPP shall
issue a certificate of final release and discharge (FRD). Upon issuance
of the FRD, the parolee/conditional pardonee shall be finally discharged
from the conditions appearing in his release document, but the accessory
penalties of the law which are not expressly remitted shall subsist.
PDL convicted of
three years and
below qualified for Receipt of PDL
parole or Executive Records by BuCor
Clemency
Investigation by PPA
Consideration by
the President
Supervision by DOJ-PPA
The GCTA and TASTM are not passive grants but require positive
compliance to or participation in rehabilitation/ development and work
programs. PDLs need to work out their time allowances and presupposes
their faithful compliance to prison rules and regulation.
Date of Detention
+ Maximum Imposable Penalty
+ Time Gap
- Time Allowances Earned
Expected Date of Release
PDL A was accused of robbery in an inhabited place and took cash and jewelry
amounting to P 200,000.00 before Branch 76 of Regional Trial Court of Quezon
City. PDL A was originally committed on June 01, 2015. He signed detainee’s
manifestation.
Given:
Name of PDL: A
Offense Committed: Robbery
Imposable Penalty: 20 years
Date of Detention: June 01, 2015
Time Gap: 0 day
Time Allowance: 0 day
Step 1
Determine Expected Date of Release without Time Allowances and Time Gap
Date of Detention
+ Maximum Imposable Penalty
Expected Date of Release without Time Allowances and Time
Gap
DD
+ Pmax
EDR without TA and Tgap
Step 3
Determine TA
GCTA
+ TASTM
+ STAL
Total TA
0 – 0 – 0 (Year-Month-Day) GCTA
+ 0 – 0 – 0 (Year-Month-Day) TASTM
+ 0 – 0 – 0 (Year-Month-Day) STAL
0 – 0 – 0 (Year-Month-Day) Total TA
Step 4
Determine Expected Date of Release
PDL A participated in more than half of the activities in jail and did not violate
any jail regulation. Hence, he is entitled to 20 days of GCTA. In addition,
having only studied until Grade Two he pursued his education by enrolling in
the Alternative Learning System in the jail accredited by the Department of
Education which earns him an additional 15 days of TASTM.
With 20 years as the maximum imposable penalty, what would be his expected
date of release after a month inside jail?
Given:
Name of PDL: A
Offense Committed: Robbery
Imposable Penalty: 20 years
Date of Detention: June 01, 2015
Time Gap: 0 day
Time Allowance: 20 days for GCTA and 15 days for TASTM
Step 1
Determine Expected Date of Release without Time Allowances and Time Gap
Date of Detention
+ Maximum Imposable Penalty
Expected Date of Release without Time Allowances and Time
Gap
DD
+ Pmax
EDR without TA and Tgap
Step 2
Determine Time Gap
GCTA
+ TASTM
+ STAL
Total TA
+ 0 – 0 – 15 (Year-Month-Day) TASTM
+ 0 – 0 – 0 (Year-Month-Day) STAL
0 – 0 – 35 (Year-Month-Day) Total TA
Step 4
Determine Expected Date of Release
05 01 + 31
2035 / 06 / 01 (Year-Month-Day) EDR w/o TA and Tgap
+ 0- 0- 0 (Year-Month-Day) Tgap
- 0- 1 - 5 (Year-Month-Day) TA
2035/ 04 / 27 EDR
Step 1
Computation for Time Credited during Preventive Imprisonment:
TCPI = DC – DD - Tgap
Step 2
Computation for CPI for those with Detainee’s Waiver
Step 3
Computation for Expected Date of Release
PDL A was detained on June 1, 2015. He did not sign PDL's manifestation. He
was convicted and imposed a penalty of 20 years on June 01, 2020. He was
transferred to New Bilibid Prison on the same date. He has been granted 2
years of time allowances while in jail.
Given:
Name of PDL: A
Offense Committed: Robbery
Imposed Penalty1: 20 years
Date of Detention: June 01, 2015
Time Gap: 0 day
Time Allowance: 2 years
Date of Conviction2: June 01, 2020
Step 1
TCPI = DC – DD - Tgap
1
In case of PDL awaiting decision, the Maximum Imposable Penalty shall be used
2
In case of PDL awaiting decision, the Date should be based on the date of inquiry
Step 3
It shall be the duty of the BJMP and provincial jails to transfer records to the BuCor as
stated in Section 10, Chapter 5 and compute the expected date of release based on
the imposed penalty.
Date of Detention
+ Maximum Imposable Penalty
+ Time Gap
- Time Allowances Earned
- (Maximum Imposable Penalty x 1/5)
Expected Date of Release
Date of Detention
+ Imposed Penalty
+ Time Gap
- Time Allowances Earned
- (Imposed Penalty x 1/5)
Expected Date of Release
Date of Detention
+ Maximum Imposable Penalty
+ Time Gap
- Time Allowances Earned
- (Maximum Imposable Penalty x 2/5)
Expected Date of Release
Date of Detention
+ Imposed Penalty
+ Time Gap
- Time Allowances Earned
- (Imposed Penalty x 2/5)
Expected Date of Release
Crime: Murder
Imposed Penalty: 40 years
Date Committed in Jail: January 01, 2015
No. of Time Allowances Earned: 60 days (2 months) GCTA
Type of calamity: Earthquake
Condition of Jail: Wall of jail collapsed making escape of
PDL inevitable
Situation: Decided to stay in Jail
Date of Detention
+ Imposed Penalty
+ Time Gap
- Time Allowances Earned
- (Imposed Penalty x 2/5)
Expected Date of Release
______________________________
Lagda ng TPK
Signature of PDL
Nanumpa sa harap ni:
_______________________
Pangalan at Lagda ng Abogado
SERTIPIKASYON
Certification
(Pangalan ng Warden)
Name of Warden
(Ranggo)_____
Rank
Warden
Petsa:
Date
UNIFORM MANUAL ON TIME ALLOWANCES AND SERVICE OF SENTENCE 47
ANNEX E
Corrections Cluster Form No. 2, PDL NO. ___________ (to be filled outs. 2017 by the Bureau of Corrections)
WAIVER
Pagtalikda
Ayon sa RA 10592
Pursuant to RA 10592
______________________________
Lagda ng TPK
Signature of PDL
_______________________
Pangalan at Lagda ng Abogado
SERTIPIKASYON
Certification
(Pangalan ng Warden)
Name of Warden
(Ranggo)_____
Rank
Warden
Petsa:
Date
A RESOLUTION
GRANTING GOOD CONDUCT TIME ALLOWANCE TO
QUALIFIED PDL IN (NAME OF JAIL/PRISON)
(Date)
APPROVED:
______________________________________
Chairperson
______________________________________
Member
______________________________________
Member
______________________________________
Member
______________________________________
Member
A RESOLUTION GRANTING
TIME ALLOWANCE FOR STUDYING, TEACHING, OR
MENTORING (TASTM) TO QUALIFIED PERSONS
DEPRIVED OF LIBERTY (PDL) IN (NAME OF
JAIL/PRISON)
(Date)
APPROVED:
______________________________________
Chairperson
______________________________________
Member
______________________________________
Member
______________________________________
Member
______________________________________
Member
A RESOLUTION
GRANTING SPECIAL TIME ALLOWANCES (STAL) TO
QUALIFIED PERSONS DEPRIVED OF LIBERTY (PDL) IN
(NAME OF JAIL)
(QUALIFIED ESCAPEES)
(Date)
______________________________________
Chairperson
______________________________________
Member
______________________________________
Member
______________________________________
Member
______________________________________
Member
A RESOLUTION
GRANTING SPECIAL TIME ALLOWANCES (STAL) TO
QUALIFIED PDL IN (NAME OF JAIL/PRISON)
NON-ESCAPEES
(Date)
______________________________________
Chairperson
______________________________________
Member
______________________________________
Member
______________________________________
Member
______________________________________
Parole and Probation Administration
Member
CERTIFICATION
This is to certify that the following list of persons deprived of liberty (PDL) have
been granted with time allowances for the month of _________ 20__.
Cc:
(Name of Prosecutor)
(Address of Prosecutor’s Office)
(Name of Complainant/Plaintiff)
(Address of Complainant/Plaintiff)
2x2
Present Location: (Place of confinement) Security Classification / Category
Residence Address (House/ Building#/ Street/ Barangay/ Municipality/ City/ Province/ Region/ Country)
Permanent Address (House/ Building#/ Street/ Barangay/ Municipality/ City/ Province/ Region/ Country)
Date of Birth (mm/dd/yyyy) Place of Birth Sex Eye Color Hair Color
Distinguishing Marks
2. FAMILY INFORMATION
Father's Name (Last name, First / Given Name, Middle Name) Child(ren) (Last name, First / Given Name, Middle Name) Use separate sheet if
necessary
Address (House/ Building#/ Street/ Barangay/ Municipality/ City/ Province/ Region/ Country) 2
Name (Last name, First / Given Name, Middle Name) Address (House/ Building#/ Street/ Barangay/ Municipality/ City/ Province/ Region/
Country)
In Case of
Emergency
Relationship Contact information
3. CASE INFORMATION
Date Transfered from Jail (mm/dd/yyyy Credit for Preventive Imprisonment (CPI) (Year/s - Month/s - Day/s)
Case No.
Case
Court
Minimum
Maximum
Residence Address (House/ Building#/ Street/ Barangay/ Municipality/ City/ Province/ Region/ Country)
Permanent Address (House/ Building#/ Street/ Barangay/ Municipality/ City/ Province/ Region/ Country)
Date of Birth (mm/dd/yyyy) Place of Birth Sex Eye Color Hair Color
Complexion
p Blood type
yp Affiliation / Group
p Membership
p
Distinguishing Marks
2. CASE INFORMATION
Date Transfered from Jail (mm/dd/yyyy Credit for Preventive Imprisonment (CPI) (Year/s - Month/s - Day/s)
Case No.
Case
Court
Minimum
Maximum
< this portion will expand to accommodate all programs undertaken> Total accumulated time allowances
Authogenerated Security Reference No. XXXX-XXXX-XXXX-XXXX01 < Single Carpeta System Security Feature >
Department of Justice
Department
p of Interior and Local Government
COMPUTATION DETAILS
Detention Date (mm/dd/yyyy) Credit for Preventive Imprisonment (CPI)
(Year/s - Month/s - Day/s)
Commencing
g Date ((mm/dd/yyyy)
yyyy)
1. Time Served from Commencing Date to Implementation of RA 10592 5. Consolidate All Time Allowances (TA)
Year Month Day Year Month Day
Implementation RA 10592 GCTA from Old Law
- (Commencing Date - 1 day) GCTA New Law
Time Served / TS1 TASTM
+ GCTA_ActTS STAL
ActTSw/GCTA + Others
+ CPI Total Accumulated TA
Time Served
- Time Gap 6. Compute Minimum Sentence Expiration WITHOUT GCTA
Time Served Year Month Day
Commencing Date
2. Time Served from Implementation RA 10592 to present date + Sentence
Year Month Day - CPI
as of present a date Min. Exp. Without GCTA
+ Implementation RA 10592
Time Served / TS2 7. Compute Maximum Sentence Expiration WITHOUT GCTA
Year Month Day
3. Actual Time Served without GCTA Commencing Date
Year Month Day + Sentence
TS1 - CPI
TS2 Max. Exp. Without GCTA
+ CPI
ActTS without GCTA 8. Compute Minimum Sentence Expiration WITH GCTA
Year Month Day
4. Actual Time Served with GCTA Min. Exp. Without GCTA
Year Month Day - GCTA from Old Law
TSI - GCTA from New Law
TS2 Min. Exp. With GCTA
CPI
+ Accumulated GCTA 9. Compute Maximum Sentence Expiration WITH GCTA
ActTS with GCTA Year Month Day
Max. Exp. Without GCTA
- GCTA from Old Law
- GCTA from New Law
Max. Exp. With GCTA
2x2
Present Location: (Place of confinement) Security Classification / Category
Residence Address (House/ Building#/ Street/ Barangay/ Municipality/ City/ Province/ Region/ Country)
Permanent Address (House/ Building#/ Street/ Barangay/ Municipality/ City/ Province/ Region/ Country)
Date of Birth (mm/dd/yyyy) Place of Birth Sex Eye Color Hair Color
Distinguishing Marks
2. CASE INFORMATION
Date Transfered from Jail (mm/dd/yyyy Credit for Preventive Imprisonment (CPI) (Year/s - Month/s - Day/s)
Case No.
Case
Court
Minimum
Maximum
< this portion will expand to accommodate all programs undertaken> Total accumulated time allowances
3
< this portion will expand to accommodate all action taken >
5. VIOLATION OF PRISON RULES AND REGULATION FROM THE BOARD OF DISCIPLINE (BOD)(If Any)
Date (mm/dd/yyyy) BOD Case No. Violation Sanction/Penalty
1
3
< this portion will expand to accommodate all infraction >
Authogenerated Security Reference No. XXXX-XXXX-XXXX-XXXX01 < Single Carpeta System Security Feature >
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal Code, is
hereby further amended to read as follows:
"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 do so in writing with the assistance of a counsel and shall
be credited in the service of his sentence with four-fifths of the time during which he has
undergone preventive imprisonment.
"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted
from thirty (30) years.
1âwphi1
"Whenever an accused has undergone preventive imprisonment for a period equal to 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.
Computation of preventive imprisonment for purposes of immediate release under this
paragraph shall be the actual period of detention with good conduct time
allowance: Provided, however, That if the accused is absent without justifiable cause at any
stage of the trial, the court may motuproprio order the rearrest of the accused: Provided,
Section 2. Article 94 of the same Act is hereby further amended to read as follows:
"ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished partially:
"3. For good conduct allowances which the culprit may earn while he is undergoing
preventive imprisonment or serving his sentence."
Section 3. Article 97 of the same Act is hereby further amended to read as follows:
"ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for
credit for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted
prisoner in any penal institution, rehabilitation or detention center or any other local jail shall
entitle him to the following deductions from the period of his sentence:
"1. During the first two years of imprisonment, he shall be allowed a deduction of
twenty days for each month of good behavior during detention;
"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be
allowed a reduction of twenty-three days for each month of good behavior during
detention;
"3. During the following years until the tenth year, inclusive, of his imprisonment, he
shall be allowed a deduction of twenty-five days for each month of good behavior
during detention;
"4. During the eleventh and successive years of his imprisonment, he shall be
allowed a deduction of thirty days for each month of good behavior during
detention; and
"5. At any time during the period of imprisonment, he shall be allowed another
deduction of fifteen days, in addition to numbers one to four hereof, for each month
of study, teaching or mentoring service time rendered.
"An appeal by the accused shall not deprive him of entitlement to the above allowances for
good conduct."
Section 4. Article 98 of the same Act is hereby further amended to read as follows:
"ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his
sentence shall be granted to any prisoner who, having evaded his preventive imprisonment
or the service of his sentence under the circumstances mentioned in Article 158 of this Code,
gives himself up to the authorities within 48 hours following the issuance of a proclamation
announcing the passing away of the calamity or catastrophe referred to in said article. A
deduction of two-fifths of the period of his sentence shall be granted in case said prisoner
chose to stay in the place of his confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.
"This Article shall apply to any prisoner whether undergoing preventive imprisonment or
serving sentence."
Section 5. Article 99 of the same Act is hereby further amended to read as follows:"
UNIFORM MANUAL ON TIME ALLOWANCES AND SERVICE OF SENTENCE 67
"ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of the
deduction of two-fifths of the period of his sentence shall be granted in case said prisoner
chose to stay in the place of his confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.
"This Article shall apply to any prisoner whether undergoing preventive imprisonment or
serving sentence."
Section 5. Article 99 of the same Act is hereby further amended to read as follows:"
"ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of the
Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the
Warden of a provincial, district, municipal or city jail shall grant allowances for good conduct.
Such allowances once granted shall not be revoked."
Section 6. Penal Clause. – Faithful compliance with the provisions of this Act is hereby mandated.
As such, the penalty of one (1) year imprisonment, a fine of One hundred thousand pesos
(P100,000.00) and perpetual disqualification to hold office shall be imposed against any public
officer or employee who violates the provisions of this Act.
Section 7. Implementing Rules and Regulations. – The Secretary of the Department of Justice
(DOJ) and the Secretary of the Department of the Interior and Local Government (DILG) shall within
sixty (60) days from the approval of this Act, promulgate rules and regulations on the classification
system for good conduct and time allowances, as may be necessary, to implement the provisions of
this Act.
Section 8. Separability Clause. – If any part hereof is held invalid or unconstitutional, the remainder
of the provisions not otherwise affected shall remain valid and subsisting.
Section 9. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of
this Act is hereby repealed, modified or amended accordingly.
Section 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication in
the Official Gazette or in at least two (2) new papers of general circulation.
Approved,
This Act which is a consolidation of Senate Bill No. 3064 and House Bill No. 417 was finally passed
by the Senate and the House of Representatives on November 5, 2012 and January 28, 2013,
respectively.
Pursuant to Section 7 of Republic Act No. 10592 entitled as “An Act Amending
Articles 29, 94, 97, 98 and 99 of Act No. 3815, otherwise known as The Revised
Penal Code, as Amended”, the following Implementing Rules and Regulations (IRR)
are hereby promulgated:
RULE I
GENERAL PROVISIONS
RULE III
DEFINITION OF TERMS
Section 1. Definition of Terms. – As used herein, the following terms shall mean:
a. “Act” – shall refer to Act. No. 3815, otherwise known as the Revised Penal Code,
as amended;
g. “Convicted Prisoner” – a person who has undergone trial and who has been
convicted by final judgment by a court of law or tribunal, for the felony or
offense he committed;
o. “Felony” – an act or omission defined and penalized under the provisions of the
Revised Penal Code, as amended;
r. “Habitual Delinquent” – a person who, within a period of ten (10) years from
the date of release from prison or last conviction of the crimes of serious or less
serious physical injuries, robbery, theft, estafa, and falsification, is found guilty of
any said crimes a third time or oftener;
y. “Recidivist” – a person who, at the time of his trial for one crime, shall have
been previously convicted by final judgment of another crime embraced in the
same title of the Revised Penal Code, as amended.
bb.“Warden” – the head of the district municipal and city jails under the BJMP or
the provincial and sub-provincial jails under the Office of the Provincial Governor.
RULE IV
THE BENEFITS OF CREDIT FOR PREVENTIVE IMPRISONMENT
(CPI)
a. An accused who is recidivist as defined under Article 14 (9), Chapter III, Book
1 of the Revised Penal Code;
b. An accused who has been convicted previously twice or more than times of
any crime; and
c. An accused who, upon being summoned for the execution of his sentence,
has failed to surrender voluntarily before a court of law.
1. Recidivist
2. Habitual Delinquent
3. Escapee
4. Person charged with heinous crimes
Section 1. Who are entitled. – The good conduct of the following shall entitle
them to the deductions described in Section 2 hereunder from their sentence as
good conduct time allowance (GCTA) pursuant to Article 29 of the Revised Penal
Code, as amended, and to Sections 2 to 8 hereof:
a. A detention prisoner qualified for credit for preventive imprisonment for his
good conduct and exemplary behavior; and
c. The MSEC shall prepare minutes of every meeting to record each proceeding.
b. The BUCOR, BJMP and Provincial Jails shall each create the MSEC or such
appropriate number of MSECs tasked to manage, screen and evaluate the
behavior or conduct of a detention or convicted prisoner;
e. The appropriate official concerned shall ensure that GCTAs are processed
each month and that there is proper recording of a prisoner’s good behavior
in the jail or prison records.
RULE VI
SPECIAL TIME ALLOWANCE FOR LOYALTY
(STAL)
RULE VII
PARTIAL EXTINCTION OF CRIMINAL LIABILITY
a. By conditional pardon;
c. For good conduct allowances which the culprit may earn while
he is undergoing preventive imprisonment or serving sentence.
RULE VIII
OFFICIALS AUTHORIZED TO GRANT TIME ALLOWANCES
RULE X
FINAL PROVISIONS
945 G Ermin Garcia St., corner Aurora Blvd., Barangay Silangan, Quezon City
Tel No.: 437.1260 / 709.0882 Fax No.: 437.1260
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