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Republic of the Philippines

DEPARTMENT OF JUSTICE
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

2019 REVISED UNIFORM MANUAL ON CREDIT FOR PREVENTIVE


IMPRISONMENT AND TIME ALLOWANCES OF PERSONS DEPRIVED OF
LIBERTY

CHAPTER 1
Introduction

Republic Act No. 10592, entitled AN ACT AMENDING ARTICLES 29, 94, 97,
98 AND 99 OF ACT NO. 3815 OTHERWISE KNOWN AS THE REVISED PENAL CODE,
AS AMENDED, authorizes the credit of preventive imprisonment and grant of time
allowances to Persons Deprived of Liberty (PDL).

Date of Enactment of RA No. 10592 : 29 May 2013


Date of Publication in Official Gazette : 23 September 2013
Date of Effectivity : 10 October 2013

The law further grants the Director General of BuCor, Chief of the BJMP, and
Wardens of provincial, district, city or municipal jails the authority to grant time
allowances for good conduct, study, teaching or mentoring and/or for loyalty.

The reckoning period for the computation of GCTA, TASTM and STAL pursuant
to RA No. 10592 and its 2019 Revised Implementing Rules and Regulations shall be
on 10 October 2013.

The credit for preventive imprisonment and the grant of increased time
allowances for good conduct, including for study, teaching or mentoring, and for
loyalty, to qualified PDL, seek to:

1. Redeem and uplift valuable human material towards economic and social
usefulness;

2. Level the field of opportunity to motivate PDL to pursue a productive and


law-abiding life;

3. Implement the state policy of restorative and compassionate justice by


promoting reformation and rehabilitation of PDL, strengthening their moral
fiber and facilitating their successful reintegration into the mainstream of
society; and
2019 REVISED UNIFORM MANUAL ON CREDIT
FOR PREVENTIVE IMPRISONMENT AND TIME ALLOWANCES
OF PERSONS DEPRIVED OF LIBERTY

4. Maintain a firm punitive or retributive policy towards certain classes of PDL.

This Manual is adopted pursuant to Section 1, Rule XI, of the 2019 Revised IRR
of RA No. 10592 which provides that:

“The BuCor, the BJMP, and the Provincial Jails shall


develop, formulate and continually update operations manuals,
comprehensive templates, computation tables, graduated list of
penalties, and other reference materials, to guide them in the
effective implementation of RA No. 10592 and these Rules.”

This Manual shall be liberally construed in favor of a PDL, whether under


preventive imprisonment or serving sentence by final judgment.

CHAPTER 2
Definition of Terms

As used herein, the following terms shall mean:

1. Accused – a PDL who is under detention or who eventually posted bail


or released on recognizance against whom a Criminal Complaint or
Prosecutor’s Information has been filed in a court of law.

2. Carpeta – pertains to prison/jail record of a PDL which consists, among


others, of PDL record sheet, mittimus or commitment order issued by
the court after conviction, the criminal complaint or prosecutor’s
information and the decisions of the trial court and the appellate court,
certificate of non-appeal, certificate of no pending case, certificate of
detention, detainee’s manifestation or waiver, certificate of qualification
or disqualification under RA No. 10592, entry of judgement in an
appealed case and other pertinent documents of a PDL.

3. Correctional Facility – a jail or prison where a PDL is committed by


order of a court of law or any other competent authority.

4. Commitment Order – a written order of a court of law or any other


competent authority committing a person to jail or prison for
confinement or service of sentence.

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2019 REVISED UNIFORM MANUAL ON CREDIT
FOR PREVENTIVE IMPRISONMENT AND TIME ALLOWANCES
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5. Credit for Preventive Imprisonment – period of detention credited


for the confinement of a PDL in a correctional facility before final
judgment of a court of law.

6. Detainee – a PDL who is under preventive imprisonment in jail or


prison, while undergoing investigation by competent authority, on trial
before a court of law, or awaiting final judgment.

7. Escapee – a PDL who has escaped confinement in a correctional facility.

8. Good Conduct – refers to the conspicuous and satisfactory behavior of


a detention or convicted PDL consisting of, among others, active
involvement in development or rehabilitation programs, productive
participation in authorized work activities or accomplishment of
exemplary deeds coupled with faithful obedience to all prison/jail rules
and regulations, including the non-commission, or non-participation in
the commission of any crime or offense during the period of
imprisonment.

9. Good Conduct Time Allowance (GCTA) – a grant accorded to a PDL


on Good Conduct entitling him to deductions from the possible maximum
imprisonment or period of sentence.

10. Habitual Delinquent – a person who, within a period of ten (10) years
from the date of release from prison/jail or last conviction of the crimes
of serious or less serious physical injuries, robbery, theft, estafa, and
falsification, is found guilty of any of the said crimes a third time or
oftener.

11. Heinous Crimes – crimes which are grievous, odious and hateful to
the senses and which, by reason of their inherent and or manifest
wickedness, viciousness, atrocity and perversity are repugnant and
outrageous to the common standards and norms of decency and
morality in a just, civilized and ordered society, including crimes which
are mandatorily punishable by Death under the provisions of RA No.
7659, as amended, otherwise known as the Death Penalty Law, and
those crimes specifically declared as such by the Supreme Court.

12. Jail – a detention or correctional facility managed by the BJMP, any law
enforcement agency, or the provincial government mandated by law to
safekeep, develop and rehabilitate a PDL who is under preventive
imprisonment or who is sentenced to not more than three (3) years of
imprisonment by order of a court of law or competent authority;

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FOR PREVENTIVE IMPRISONMENT AND TIME ALLOWANCES
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13. Mittimus – an order issued by a court of law bearing its seal and the
signature of the judge, directing the prison/jail authorities to receive a
PDL for service of sentence.

14. Detainee’s Manifestation – a sworn written declaration of a PDL, with


the assistance of a counsel, to abide by the same disciplinary rules
imposed upon a PDL convicted by final judgment, which may allow the
PDL to avail the full credit of the period of preventive imprisonment in
accordance with Article 29 of the Revised Penal Code (RPC), as
amended.

15. Detainee’s Waiver – a sworn written declaration of a PDL, with the


assistance of a counsel, stating the refusal of a PDL to abide by the same
disciplinary rules imposed upon a PDL convicted by final judgment,
which will allow the PDL to only avail of the credit of four-fifths (4/5) of
the time during preventive imprisonment in accordance with Article 29
of the Revised Penal Code, as amended.

16. Person Deprived of Liberty – a person confined in a correctional


facility, whether undergoing preventive imprisonment or serving
sentence by reason of a final judgment of conviction.

17. Preventive Imprisonment – a temporary confinement in a


correctional facility of a PDL, while undergoing investigation or awaiting
final judgment.

18. Prison – a correctional facility managed by the BuCor to safekeep and


rehabilitate a PDL, undergoing preventive imprisonment, or convicted by
final judgment, whose sentence exceeds three (3) years, or who is
sentenced to serve two (2) or more prison terms, the aggregate of which
exceeds three (3) years.

19. Prison/Jail Authority – refers to either the Director General of the


BuCor, the Chief of the BJMP or the Wardens of provincial, district, city
and municipal jails.

20. Probation and Parole Officer – refers to an officer of the Parole and
Probation Administration.

21. 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 RPC, as amended,.

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22. Special Time Allowance for Loyalty – a grant accorded a PDL who
has escaped confinement or evaded service of sentence under the
circumstances cited in Article 158 of the RPC, as amended, pertaining to
evasion of service of sentence on the occasion of disorders,
conflagrations, earthquakes, or other calamities, and surrendered to the
authorities within forty-eight (48) hours following the proclamation
announcing the passing away of the calamity or catastrophe referred to
in the said article, in the form of a deduction of one-fifth (1/5) from
preventive imprisonment or service of sentence or a deduction of two-
fifths (2/5) if the PDL chose to stay in jail or prison during the existence
of the calamity or catastrophe.

23. Time Allowance for Study, Teaching or Mentoring – pertains to a


grant of time allowance to a PDL, in addition to GCTA, for each month
of study, teaching or mentoring services.

24. Time Gap – pertains to the period of time the PDL is not under the
effective supervision and control of prison/jail authorities, such as the
time period while an escapee is on bail, Immediate Release in
accordance with Article 29 of the RPC, as amended, or release on
recognizance and such other analogous releases.

25. Civil Society Organization – refers to a legally organized non-state


and non-profit association that works to improve society and the human
condition which includes non-governmental organization, religious or
civic organization, cooperative, social movement, and professional or
business group.

Abbreviations

BJMP – Bureau of Jail Management and Penology


BuCor – Bureau of Corrections
CPI – Credit for Preventive Imprisonment
CSO – Civil Society Organization
DC – Date of Conviction even pending appeal
DD – Date of Detention
DI – Date of Inquiry of computation
DT – Date Transferred from jails to BuCor
DILG – Department of the Interior and Local Government
DOJ – Department of Justice
EDR – Expected Date of Release
GCTA – Good Conduct Time Allowance
MSEC – Management, Screening, and Evaluation Committee
DOJ-PPA – Parole and Probation Administration

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PDL – Person Deprived of Liberty


PI – Preventive Imprisonment
PPO – Probation and Parole Officer
Pmax – Maximum Imposable Penalty
RoR – Release on Recognizance
STAL – Special Time Allowance for Loyalty
TA – Time Allowance
TASTM – Time Allowance for Study, Teaching or Mentoring
Tgap – Time Gap
TCPI – Time Credited for Preventive Imprisonment

CHAPTER 3
Determination of Qualifications

Section 1. Duty to Inform PDL – Upon commitment of the PDL to the provincial
jail, BJMP or BuCor, the prison/jail authority or representative shall orient the PDL on
the benefits granted by RA No. 10592, particularly CPI and time allowances. For such
purpose, said prison/jail authority shall inform the PDL, using Corrections Cluster Form
Nos. 1 and 2,in a language or dialect known to and understood by the PDL.

Section 2. Conduct of Records Check - The prison/jail authority or representative


shall conduct a records check to determine if the PDL committed is qualified or not for
CPI and time allowances. For this purpose, record checking shall be conducted from
the following offices, such as, but not limited to: prison/jail records, PNP-Warrant
Section, RTC-OCC, MTC-OCC, MTCC-OCC and MCTC-OCC.

The prison/jail authorities shall endeavor to obtain a Memorandum of


Agreement between the BuCor, BJMP, Provincial Jails, or the DOJ and the DILG, with
the Supreme Court for the issuance of any necessary certification, free of charge.

After conducting the records check, the prison/jail authority shall determine the
qualifications of the PDL, based on the documents and certifications obtained.
Thereafter, the concerned prison/jail authority shall issue a certification as to whether
the PDL is qualified or not for CPI and time allowances.

All documents secured and certifications issued, pursuant to this Section, shall
form part of the carpeta.

Section 3. Disqualifications – The following are grounds for disqualification:

a. Recidivist – The prison/jail authority shall ascertain the status of recidivism


based on the Information and Decision convicting the PDL of the subsequent
crime for which the PDL was charged. For this purpose, the concerned

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prison/jail authority shall examine the Decision and find out if there was a
ruling that the PDL is a recidivist. A PDL who is judicially declared a recidivist
by the Court shall be disqualified from the benefits of RA No. 10592, insofar
as that case is concerned, and the prison/jail authority shall issue a
Certificate of Disqualification using Corrections Cluster Form No. 10,
otherwise, a Certificate of Qualification shall be issued using Corrections
Cluster Form No. 9, provided that the PDL does not fall under any of the
other disqualifications.

b. An Accused who has been Convicted Previously Twice or More


Times of Any Crime – The prison/jail authority shall administratively
ascertain whether the PDL has been previously convicted of two or more
crimes on the basis of the prison/jail records, Information and the respective
Decisions of the court for the crimes previously committed. In case the PDL
is found to have been previously convicted of two or more crimes, said PDL
shall be disqualified from CPI and GCTA during preventive imprisonment,
insofar as the third and subsequent cases are concerned, and the prison/jail
authority shall issue a Certificate of Disqualification for non-crediting of CPI
and granting of GCTA during preventive imprisonment, otherwise, a
Certificate of Qualification shall be issued provided that the PDL does not
fall under any of the other disqualifications.

c. An Accused who, upon being Summoned for the Execution of


Sentence has Failed to Surrender Voluntarily before a Court of Law
- The prison/jail authority shall administratively ascertain whether the PDL
has failed to surrender voluntarily before a court of law for the execution of
service of sentence, on the basis of the Decision, most recent Order or
Bench Warrant issued by the Court. Absent a pronouncement that the PDL
failed to surrender voluntarily for the service of sentence, the PDL shall be
qualified to the benefits granted by RA No. 10592.

In case the PDL is found to have failed to surrender voluntarily before a


court of law for the execution of service of sentence, said PDL shall be
disqualified from CPI and GCTA including that which may have accrued at
the time, and the prison/jail authority shall issue a Certificate of
Disqualification for non-crediting of CPI and granting GCTA during
preventive imprisonment, otherwise, a Certificate of Qualification shall be
issued provided that the PDL does not fall under any of the other
disqualifications.

d. Habitual Delinquent – The prison/jail authority shall ascertain whether


the PDL is a habitual delinquent on the basis of the Information and Decision
of the Court for the previous conviction.

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For this purpose, the concerned prison/jail authority shall examine the
Decision and find out if there was a ruling that the PDL is a habitual
delinquent. A PDL who is judicially declared a habitual delinquent by the
Court shall be disqualified from the benefits of RA No. 10592, insofar as that
case is concerned, and the prison/jail authority shall issue a Certificate of
Disqualification using Corrections Cluster Form No. 10, otherwise, a
Certificate of Qualification shall be issued using Corrections Cluster Form
No. 9, provided that the PDL does not fall under any of the other
disqualifications.

e. Escapee – The prison/jail authority shall administratively ascertain whether


the PDL is an escapee on the basis of prison/jail records, Information and
Decision of the court for the charge of Evasion of Service of Sentence. For
purposes of declaring whether the PDL is an escapee, the prison/jail
authorities shall only consider an escape from the provincial jail, BJMP,
BuCor, or any law enforcement agency having custody of a PDL that has
been duly charged in a court of law.

In the case of a PDL under preventive imprisonment and the said PDL
escaped from confinement in a correctional facility, the PDL shall thereafter
be disqualified from the benefits of RA No. 10592.

In the case of a PDL serving sentence and in the event that the PDL has
escaped from confinement in a correctional facility and has been found
guilty for the crime of Evasion of Service of Sentence (ESS), the PDL shall
thereafter be disqualified from the benefits of RA No. 10592.

The concerned law enforcement agency, provincial jail, BJMP or BuCor shall
issue a certification that the PDL is an escapee. The same shall form part of
the PDL’s carpeta.

f. Charged and/or Convicted of Heinous Crime – The prison/jail


authority shall ascertain whether the PDL has been charged and/or
convicted of heinous crime on the basis of the Prosecutor’s Information and
the Decision of the Trial/Appellate Court which rendered the judgment of
conviction.

Accessories and accomplices shall be entitled to the benefits of RA No.


10592, unless otherwise provided in the decision of the court.

If the crime/offense is not included in the following categories, the


crime/offense committed is not a heinous crime.

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For purposes of determining whether the PDL has been charged and/or
convicted of heinous crime, the following categories shall be considered:

Category 1: Crimes which are mandatorily punishable by death,


regardless if the Court has expressly imposed reclusion perpetua or
life imprisonment in lieu of the death penalty due to the prohibition
on the imposition of the death penalty. These crimes are as follows

1. Qualified Bribery – committed by any public officer who


is entrusted with law enforcement and he refrains from
arresting or prosecuting an offender who has committed a
crime punishable by reclusion perpetua and/or death, in
consideration of any offer, promise, gift or present, he shall
suffer the penalty for the offense which he was not
prosecuted. If it is the public officer who asks or demands
such gift or present, he shall suffer the penalty of death. (Art.
211-A of the RPC, as amended)

2. Kidnapping and Serious Illegal Detention for


Ransom - If the kidnapping or detention is committed
for the purpose of extorting ransom from the victim or
any other person. (Art. 267, par. 5 of RPC, as amended)

3. Kidnapping and Serious Illegal Detention with


Homicide - When the victim is killed, or dies as a
consequence of the detention. (Art. 267, par. 6 of RPC, as
amended)

4. Kidnapping with Rape - When the victim is raped.


(Art. 267, par. 7 of RPC, as amended)

5. Kidnapping with Torture or the victim is subjected


to dehumanizing acts - When the victim is subjected to
torture or dehumanizing acts. (Art. 267, par. 7 of RPC, as
amended)

6. Destructive Arson resulting in Death – When death


results as a consequence of the commission of Destructive
Arson (Art. 320 of the RPC, as amended by RA No. 7659).

7. Rape with the Victim becoming Insane - When by


reason or on the occasion of the rape, the victim has become
insane (Art. 355 of the RPC, as amended by RA No. 7659)

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8. Rape with Homicide - When by reason or on the


occasion of the rape, a homicide is committed (Art. 355 of the
RPC, as amended by RA No. 7659).

9. Qualified Rape – when rape is attended by the following


circumstances:

(a) when the victim is under eighteen (18) years of age


and the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the
third civil degree, or the common-law spouse of the parent
of the victim;

(b) when the victim is under the custody of the police or


military authorities;

(c) when the rape is committed in full view of the husband,


parent, any of the children or other relatives within the
third degree of consanguinity;

(d) when the victim is a religious or a child below seven


(7) years old;

(e) when the offender knows that he is afflicted with


Acquired Immune Deficiency Syndrome (AIDS) disease;
and

(f) when committed by any member of the Armed Forces


of the Philippines or the Philippine National Police or any
law enforcement agency (Art. 355 of the RPC, as amended
by RA No. 7659).

10. Rape with Permanent Physical Mutilation - When by


reason or on the occasion of the rape, the victim has suffered
permanent physical mutilation." (Art. 355 of the RPC, as
amended by RA No. 7659)

11. Under Republic Act No. 6425 (Dangerous Drugs Act


of 1972):

a. Sale, Administration, Delivery, Distribution and


Transportation of prohibited Drugs where the
Victim is a Minor or the Victim Dies – When in the
occasion of the sale, administration, delivery, distribution

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and transportation of prohibited drugs, and the victim of


the offense is a minor, or should a prohibited drug
involved in any of the offense be the proximate cause of
the death of the said minor victim (Sec. 4 of RA No. 6425,
as amended by RA No. 7659).

b. Maintenance of a Den, Dive, or Resort for


Prohibited Drugs User where the Victim is a Minor
or the Victim Dies - Where a prohibited drug is
administered, delivered or sold to a minor who is allowed
to use the same in such place or should a prohibited drug
be the proximate cause of the death of a person using
the same in such den, dive or resort. (Sec. 5 of RA No.
6425, as amended by RA No. 7659)

c. Sale, Administration, Dispensation, Delivery,


Distribution and Transportation of Regulated
Drugs where the Victim is a Minor or the Victim
Dies – When the victim of the offense is a minor, or
should a regulated drug involved in any offense be the
proximate cause of the death of a victim (Sec. 15 of RA
No. 6425, as amended by RA No. 7659).

d. Maintenance of Den, Dive, or Resort for Users of


Regulated Drugs where the victim is a Minor or
the victim Dies - Where a regulated drug is
administered, delivered or sold to a minor who is allowed
to use the same in such place or should a regulated drug
be the proximate cause of the death of a person using
the same in such den, dive or resort (Sec. 15-A of RA No.
6425, as amended by RA No. 7659).

e. Convicted Drug Offenders are Government


Officials, employees or officers including
members of Police Agencies and Armed Forces –
When any government official, employee, or officer and
member of Police Agencies and the Armed Forces is
found guilty of Section 3, 4(1), 5(1), 6, 7, 8, 9, 11, 12
and 13 of Article II and Sections 14, 14-A, 15(1), 16 and
19 of Article III (Sec. 24 of RA No. 6425, as amended by
RA No. 7659).

f. Planting of Dangerous Drugs as Evidence in Drug


Offenses with the mandatory death penalty if

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convicted are government officials, employees or


officers – When any government official, employee or
officer is found guilty of "planting" any dangerous drugs
punished in Sections 3, 4, 7, 8, 9 and 13 of Article II and
Sections 14, 14-A, 15 and 16 of Article III of this Act in
the person or in the immediate vicinity of another as
evidence to implicate the latter (Sec. 24 of RA No. 6425,
as amended by RA No. 7659).

12. Under Republic Act No. 9165 (Comprehensive


Dangerous Drugs Act of 2002):

a. Importation of Dangerous Drugs and/or


Controlled Precursors and Essential
Chemicals.- Any person, who, unless authorized under
this Act, shall import or bring into the Philippines any
dangerous drug through the use of a diplomatic
passport, diplomatic facilities or any other means
involving his/her official status intended to facilitate the
unlawful entry of the same (Sec. 4, par. 3 of RA No.
9165).

b. Importation of Dangerous Drugs and/or


Controlled Precursors and Essential
Chemicals.- Any person, who organizes, manages or
acts as a "financier" in the illegal importation of
dangerous drugs (Sec. 4, par. 4 of RA No. 9165).

c. Sale, Trading, Administration, Dispensation,


Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals. - If the sale, trading,
administration, dispensation, delivery, distribution or
transportation of any dangerous drug transpires within
one hundred (100) meters from the school (Sec. 5, par.
3 of RA No. 9165).

d. Sale, Trading, Administration, Dispensation,


Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals. - For drug pushers who use
minors or mentally incapacitated individuals as runners,
couriers and messengers, or in any other capacity

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directly connected to the dangerous drugs. (Sec. 5, par.


4 of RA No. 9165).

e. Sale, Trading, Administration, Dispensation,


Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals. - If the victim of the offense
of sale, trading, administration, dispensation, delivery,
distribution and transportation of dangerous drugs is a
minor or a mentally incapacitated individual, or should a
dangerous drug be the proximate cause of the death of
a victim thereof (Sec. 5, par. 5 of RA No. 9165).

f. Sale, Trading, Administration, Dispensation,


Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals. - Any person who organizes,
manages or acts as a “financier” in the sale, trading,
administration, dispensation, delivery, distribution and
transportation of dangerous drugs. (Sec. 5, par. 6 of
RA No. 9165).

g. Maintenance of a Den, Dive or Resort. - In every


case where any dangerous drug is administered,
delivered or sold to a minor who is allowed to use the
same in such a place (Sec. 6, par. 3 of RA No. 9165).

h. Maintenance of a Den, Dive or Resort. - Should any


dangerous drug be the proximate cause of the death of
a person using the same in such den, dive or resort, the
penalty of death shall be imposed upon the maintainer,
owner and/or operator (Sec. 6, par. 4 of RA No.
9165).

i. Maintenance of a Den, Dive or Resort. - Any person


who organizes, manages or acts as a "financier" in the
maintenance of a den, dive or resort where any
dangerous drug is used or sold in any form (Sec. 6, par.
8 of RA No. 9165).

j. Manufacture of Dangerous Drugs and/or


Controlled Precursors and Essential Chemicals. -
Any person, who organizes, manages or acts as a

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"financier" in the manufacture of any dangerous drug


(Sec. 8, par. 4 of RA No. 9165).

k. Possession of Dangerous Drugs During Parties,


Social Gatherings or Meetings. – Any person found
possessing any dangerous drug during a party, or at a
social gathering or meeting, or in the proximate company
of at least two (2) persons, regardless of the quantity
and purity of such dangerous drugs (Sec. 13 of RA No.
9165).

l. Cultivation or Culture of Plants Classified as


Dangerous Drugs or are Sources Thereof. - If the
land involved in the planting, cultivation or culture of
plants classified as dangerous drugs or are sources
thereof is part of the public domain (Sec. 16, par. 2 of
RA No. 9165).

m. Cultivation or Culture of Plants Classified as


Dangerous Drugs or are Sources Thereof. - Any
person, who organizes, manages or acts as a "financier"
in the planting, cultivation or culture of plants classified
as dangerous drugs or are the sources thereof (Sec. 16,
par. 3 of RA No. 9165).

n. Criminal Liability for Planting of Evidence. – Any


person who is found guilty of "planting" any dangerous
drug and/or controlled precursor and essential chemical,
regardless of quantity and purity (Sec. 29 of RA No.
9165).

Category 2: Crimes which are punishable by the flexible penalty of


reclusion perpetua or life imprisonment to Death, and only where the
Court has actually imposed the penalty of death, or expressly
imposed reclusion perpetua or life imprisonment in lieu of death due
to the prohibition on the imposition of the death penalty. These
crimes are as follows:

1. Treason - committed by any Filipino citizen who levies war


against the Philippines or adheres to its enemies by giving
them aid or comfort within the Philippines or elsewhere.
Likewise, an alien residing in the Philippines, who commits
acts of treason. (Article 114 of the RPC, as amended by
RA No. 7659)

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2. Qualified Piracy - piracy committed under any of the


following circumstances:

1) Whenever they have seized a vessel by boarding or


firing upon the same;
2) Whenever the pirates have abandoned their victims
without means of saving themselves; or
3) Whenever the crime is accompanied by murder,
homicide, physical injuries or rape. (Article 123 of
the RPC, as amended by RA No. 7659)

3. Parricide - committed by any person who shall kill his


father, mother, child, whether legitimate or illegitimate, or
any of his ascendants or descendants, or his spouse.
(Article 246 of the RPC, as amended by RA No. 7659)

4. Murder - committed by any person who, not falling under


the provisions of Article 246, and shall kill another, with any
of the following attendant circumstances:

4) With treachery, taking advantage of superior strength,


with the aid of armed men or employing means to
weaken the defense, or of means or persons to insure
or afford impunity;
5) In consideration of a price, reward or promise;
6) By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault
upon a railroad, fall of an airship, or by means of motor
vehicles, or with the use of any other means involving
great waste and ruin;
7) On occasion of any of the calamities enumerated in the
preceding paragraph or of an earthquake, eruption of
a volcano, destructive cyclone, epidemic or other public
calamity;
8) With evident premeditation; or
9) With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse. (Article 248 of the
RPC, as amended by RA No. 7659)

5. Infanticide - committed by any person who shall kill any


child less than three (3) days of age. (Article 255 of the
RPC, as amended by RA No. 7659) Exceptions:

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1. When it is committed by the mother of the child for the


purpose of concealing her dishonor; or
2. If committed for the same purpose by the maternal
grandparents or either of them.

6. Kidnapping and Serious Illegal Detention - committed


by any private individual who shall kidnap or detain another,
or in any other manner deprive him of his liberty:
1) If the kidnapping or detention shall have lasted more
than three (3) days;
2) If it shall have been committed simulating public
authority;
3) If any serious physical injuries have been inflicted upon
the person kidnapped or detained; or if threats to kill
shall have been made;
4) If the person kidnapped or detained shall be a minor.
Exception: When the accused is any of the parents,
female or a public officer. (Article 267 of the RPC,
as amended by RA No. 7659);

7. Robbery with Violence Against or Intimidation of


Persons – When by reason of or on the occasion of robbery:
a. The crime of homicide shall have been committed
(Robbery with Homicide);
b. When the robbery shall have been accompanied by
rape (Robbery with Rape);
c. When the robbery shall have been accompanied
with intentional mutilation (Robbery with
Intentional Mutilation);
d. When the robbery shall have been accompanied
with arson (Robbery with Arson); (Article 294 of
the RPC, as amended by RA No. 7659)

8. Destructive Arson –
a. Committed by any person who shall burn:
1. One (1) or more buildings or edifices, consequent
to one single act of burning, or as a result of
simultaneous burnings, committed on several or
different occasions;
2. Any building of public or private ownership, devoted
to the public in general or where people usually
gather or congregate for a definite purpose such as,
but not limited to, official governmental function or

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business, private transaction, commerce, trade,


workshop, meetings and conferences, or merely
incidental to a definite purpose such as but not
limited to hotels, motels, transient dwellings, public
conveyances or stops or terminals, regardless of
whether the offender had knowledge that there are
persons in said building or edifice at the time it is
set on fire and regardless also of whether the
building is actually inhabited or not;
3. Any train or locomotive, ship or vessel, airship or
airplane, devoted to transportation or conveyance,
or for public use, entertainment or leisure;
4. Any building, factory, warehouse installation and
any appurtenances thereto, which are devoted to
the service of public utilities; or
5. Any building the burning of which is for the purpose
of concealing or destroying evidence of another
violation of law, or for the purpose of concealing
bankruptcy or defrauding creditors or to collect
from insurance.

When the arson is perpetrated or committed by two (2)


or more persons or by a group of persons, regardless of
whether their purpose is merely to burn or destroy the
building or the burning merely constitutes an overt act in
the commission or another violation of law.

b. Also committed by any person who shall burn:


1. Any arsenal, shipyard, storehouse or military
powder or fireworks factory, ordnance, storehouse,
archives or general museum of the Government; or
2. In an inhabited place, any storehouse or factory of
inflammable or explosive materials. (Article 320 of
the RPC, as amended by RA No. 7659)

9. Rape – committed by having carnal knowledge of a woman


under any of the following circumstances:
1) Whenever the crime of rape is committed with the use
of a deadly weapon or by two or more persons;
2) When the rape is attempted or frustrated and a
homicide is committed by reason or on the occasion
thereof (Attempted or Frustrated Rape with Homicide).
(Article 335 of the RPC, as amended by RA No.
7659)

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10. Plunder – may be committed by the following:

A. Any public officer who, by himself or in connivance with


members of his family, relatives by affinity or
consanguinity, business associates, subordinates or
other persons, amasses, accumulates or acquires ill-
gotten wealth through a combination or series of overt
criminal acts as described in Section 1 (d) of RA No.
7080 in the aggregate amount or total value of at least
Fifty million pesos (P50,000,000.00); or

B. Any person who participated with the said public officer


in the commission of an offense contributing to the
crime of plunder shall likewise be punished for such
offense. (Section 2 of Republic Act No. 7080)

11. Under Republic Act No. 6425 (Dangerous Drugs Act


of 1972):

a. Sec. 3. Importation of Prohibited Drugs. –


committed by any person who, unless authorized by law,
shall import or bring into the Philippines any prohibited
drug in the following quantities or more:

40 grams or more of opium;


40 grams or more of morphine;
40 grams or more of heroin;
40 grams or more of cocaine or cocaine
hydrochloride;
50 grams or more of marijuana resin or marijuana
resin oil;
200 grams or more of shabu or methylamphetamine
hydrochloride;
750 grams or more of Indian hemp or marijuana;

b. Sec. 4. Sale, Administration, Delivery, Distribution


and Transportation of Prohibited Drugs. –
committed by any person who, unless authorized by law,
shall sell, administer, deliver, give away to another,
distribute, dispatch in transit or transport any prohibited
drug, or shall act as a broker in any of such transactions,
in the following quantities or more:

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40 grams or more of opium;


40 grams or more of morphine;
40 grams or more of heroin;
40 grams or more of cocaine or cocaine
hydrochloride;
50 grams or more of marijuana resin or marijuana
resin oil;
200 grams or more of shabu or methylamphetamine
hydrochloride;
750 grams or more of Indian hemp or marijuana;

Regardless of the quantities involved, if the victim


of the offense is a minor, or should a prohibited drug
involved in any offense under this Section be the
proximate cause of the death of a victim thereof.

c. Sec. 5. Maintenance of a Den, Dive or Resort for


Prohibited Drug Users. – committed by any person
or group of persons who shall maintain a den, dive or
resort where any prohibited drug is used in any form or
where such prohibited drugs are found, in the following
quantities or more:

40 grams or more of opium;


40 grams or more of morphine;
40 grams or more of heroin;
40 grams or more of cocaine or cocaine
hydrochloride;
50 grams or more of marijuana resin or marijuana
resin oil;
200 grams or more of shabu or methylamphetamine
hydrochloride;
750 grams or more of Indian hemp or marijuana;

Regardless of the quantities involved, where a


prohibited drug is administered, delivered or sold to a
minor who is allowed to use the same in such place.

Should a prohibited drug be the proximate cause of


the death of a person using the same in such den, dive
or resort, the maximum penalty herein provided shall
be imposed on the maintainer, regardless of the
quantities involved.

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d. Sec. 7. Manufacture of Prohibited Drug. –


committed by any person who, unless authorized by law,
shall engage in the manufacture of any prohibited drug
in the following quantities or more:

40 grams or more of opium;


40 grams or more of morphine;
40 grams or more of heroin;
40 grams or more of cocaine or cocaine
hydrochloride;
50 grams or more of marijuana resin or marijuana
resin oil;
200 grams or more of shabu or methylamphetamine
hydrochloride;
750 grams or more of Indian hemp or marijuana;

e. Sec. 8. Possession or Use of Prohibited Drugs. –


committed by any person who, unless authorized by law,
shall possess or use any prohibited drug in the following
quantities or more:

40 grams or more of opium;


40 grams or more of morphine;
40 grams or more of heroin;
40 grams or more of cocaine or cocaine
hydrochloride;
50 grams or more of marijuana resin or marijuana
resin oil;
200 grams or more of shabu or methylamphetamine
hydrochloride;
750 grams or more of Indian hemp or marijuana;

f. Sec. 9. Cultivation of Plants which are Sources of


Prohibited Drugs. – committed by any person who
shall plant, cultivate or culture any medium Indian hemp,
opium poppy (papaver somniferum), or any other plant
which is or may thereafter be classified as dangerous
drug or from which any dangerous drug may be
manufactured or derived, in the following quantities or
more:

40 grams or more of opium;


40 grams or more of morphine;
40 grams or more of heroin;

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40 grams or more of cocaine or cocaine


hydrochloride;
50 grams or more of marijuana resin or marijuana
resin oil;
200 grams or more of shabu or methylamphetamine
hydrochloride;
750 grams or more of Indian hemp or marijuana;

Regardless of the quantities involved, if the land


involved in is part of the public domain.

g. Sec. 14. Importation of Regulated Drugs. –


committed by any person who, unless authorized by law,
shall import or bring any regulated drug in the
Philippines, in the following quantities or more:

40 grams or more of opium;


40 grams or more of morphine;
200 grams or more of shabu or methylamphetamine
hydrochloride;
40 grams or more of heroin;
750 grams or more of Indian hemp or marijuana;
50 grams or more of marijuana resin or marijuana
resin oil;
40 grams or more of cocaine or cocaine
hydrochloride;

h. Sec. 14-A. Manufacture of Regulated Drugs. - any


person who, unless authorized by law, shall engage in
the manufacture of any regulated drug, in the following
quantities or more:

40 grams or more of opium;


40 grams or more of morphine;
200 grams or more of shabu or methylamphetamine
hydrochloride;
40 grams or more of heroin;
750 grams or more of Indian hemp or marijuana;
50 grams or more of marijuana resin or marijuana
resin oil;
40 grams or more of cocaine or cocaine
hydrochloride;

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i. Sec. 15. Sale, Administration, Dispensation,


Delivery, Transportation and Distribution of
Regulated Drugs. - any person who, unless authorized
by law, shall sell, dispense, deliver, transport or distribute
any regulated drug, in the following quantities or more:

40 grams or more of opium;


40 grams or more of morphine;
200 grams or more of shabu or methylamphetamine
hydrochloride;
40 grams or more of heroin;
750 grams or more of Indian hemp or marijuana;
50 grams or more of marijuana resin or marijuana
resin oil;
40 grams or more of cocaine or cocaine
hydrochloride;

Regardless of the quantities involved, if the victim of


the offense is a minor, or should a regulated drug
involved in any offense under this Section be the
proximate cause of the death of a victim thereof.

j. Sec. 15-A. Maintenance of a den, dive or resort for


regulated drug users. - any person or group of
persons who shall maintain a den, dive or resort where
any regulated drugs is used in any form, or where such
regulated drugs in the following quantities or more:

40 grams or more of opium;


40 grams or more of morphine;
200 grams or more of shabu or methylamphetamine
hydrochloride;
40 grams or more of heroin;
750 grams or more of Indian hemp or marijuana;
50 grams or more of marijuana resin or marijuana
resin oil;
40 grams or more of cocaine or cocaine
hydrochloride;

Regardless of the quantities involved, where a


regulated drug is administered, delivered or sold to a
minor who is allowed to use the same in such place.

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Should a regulated drug be the proximate cause of the


death of a person using the same in such den, dive or
resort, regardless of the quantities involved.

k. Sec. 16. Possession or Use of Regulated Drugs. -


any person who shall possess or use any regulated drug
without the corresponding license or prescription, in the
following quantities or more:

40 grams or more of opium;


40 grams or more of morphine;
200 grams or more of shabu or methylamphetamine
hydrochloride;
40 grams or more of heroin;
750 grams or more of Indian hemp or marijuana;
50 grams or more of marijuana resin or marijuana
resin oil;
40 grams or more of cocaine or cocaine
hydrochloride;

l. Any apprehending or arresting officer who shall


misappropriate or misapply or fail to account for seized
or confiscated dangerous drugs or plant-sources of
dangerous drugs or proceeds or instruments of the
crime.

m. Sec. 24. Government officials, employees or officers,


including members of police agencies and the armed
forces found guilty of the following offenses: Section 3,
4(1), 5(1), 6, 7, 8, 9, 11, 12 and 13 of Article II and
Sections 14, 14-A, 15(1), 16 and 19 of Article III.

n. Any such above government official, employee or officer


who is found guilty of "planting" any dangerous drugs
punished in Sections 3, 4, 7, 8, 9 and 13 of Article II and
Sections 14, 14-A, 15 and 16 of Article III of this Act in
the person or in the immediate vicinity of another as
evidence to implicate the latter, where the following
quantities are involved:

40 grams or more of opium;


40 grams or more of morphine;
40 grams or more of heroin;

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40 grams or more of cocaine or cocaine


hydrochloride;
50 grams or more of marijuana resin or marijuana
resin oil;
200 grams or more of shabu or methylamphetamine
hydrochloride;
750 grams or more of Indian hemp or marijuana;

12. Carnapping – when the owner, driver or occupant of the


carnapped motor vehicle is killed or raped in the course of the
commission of the carnapping or on the occasion thereof.
(Section 14 of RA No. 6539, known as the Anti-Carnapping Act
of 1972, as amended by RA No. 7659)

13. Under Republic Act No. 9165 (Comprehensive


Dangerous Drugs Act of 2002):

a. Section 4. Importation of Dangerous Drugs


and/or Controlled Precursors and Essential
Chemicals.- any person, who, unless authorized
by law, shall import or bring into the Philippines any
dangerous drug, regardless of the quantity and
purity involved, including any and all species of
opium poppy or any part thereof or substances
derived therefrom even for floral, decorative and
culinary purposes.

b. Section 5. Sale, Trading, Administration,


Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals. - any person, who, unless authorized
by law, shall sell, trade, administer, dispense,
deliver, give away to another, distribute dispatch in
transit or transport any dangerous drug, including
any and all species of opium poppy regardless of
the quantity and purity involved, or shall act as a
broker in any of such transactions.

c. Section 6. Maintenance of a Den, Dive or


Resort. - any person or group of persons who shall
maintain a den, dive or resort where any dangerous
drug is used or sold in any form

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d. Section 8. Manufacture of Dangerous Drugs


and/or Controlled Precursors and Essential
Chemicals. - any person, who, unless authorized
by law, shall engage in the manufacture of any
dangerous drug.

e. Section 11. Possession of Dangerous Drugs. -


any person, who, unless authorized by law, shall
possess any dangerous drug in the following
quantities, regardless of the degree of purity
thereof:

10 grams or more of opium;


10 grams or more of morphine;
10 grams or more of hereoin;
10 grams or more of cocaine or cocaine
hydrochloride;
50 grams or more of metamphetamine
hydrochloride or “shabu”;
10 grams or more of marijuana resin or
marijuana resin oil;
500 grams or more of marijuana; and
10 grams or more of other dangerous drugs
such as, but not limited to
methylenedioxymethamphetamine
(MDA) or “ecstacy”,
paramethoxyamphetamine (PMA), or
trimethoxyamphetamine (TMA), lysergic
acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those
similarly designed or newly introduced
drugs and their derivatives, without
having any therapeutic value or if the
quantity possessed is far beyond
therapeutic requirements, as
determined and promulgated by the
Board in accordance with Section 93,
Article XI of this Act.

f. Section 16. Cultivation or Culture of Plants


Classified as Dangerous Drugs or are Sources
Thereof.- any person, who shall plant, cultivate or
culture marijuana, opium poppy or any other plant
regardless of quantity, which is or may hereafter be

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classified as a dangerous drug or as a source from


which any dangerous drug may be manufactured or
derived.

g. Section 19. Unlawful Prescription of


Dangerous Drugs. – any person, who, unless
authorized by law, shall make or issue a prescription
or any other writing purporting to be a prescription
for any dangerous drug.

h. Section 27. Criminal Liability of a Public


Officer or Employee for Misappropriation,
Misapplication or Failure to Account for the
Confiscated, Seized and/or Surrendered
Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and
Essential Chemicals,
Instruments/Paraphernalia and/or
Laboratory Equipment Including the
Proceeds or Properties Obtained from the
Unlawful Act Committed. - any public officer or
employee who misappropriates, misapplies or fails
to account for confiscated, seized or surrendered
dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory
equipment including the proceeds or properties
obtained from the unlawful acts as provided for in
this Act.

A PDL charged under Category “2” shall not be entitled to CPI and Time
Allowances from the date of arrest up to conviction by the trial court. Upon
conviction and the appropriate penalty imposed is death but pursuant to
RA No. 9346, reclusion perpetua/life imprisonment was imposed, the PDL
shall be deemed convicted of a heinous crime and shall likewise not be
entitled to Time Allowances starting from the date of conviction up to the
completion of service of sentence. However, when said PDL is convicted
and the appropriate penalty imposed is reclusion perpetua/life
imprisonment and not death, the PDL shall be entitled to CPI and Time
Allowances from the date of conviction.

Provided, that when the Decision of the trial court, imposing the penalty of
reclusion perpetua/life imprisonment instead of death pursuant to RA No.
9346, was reversed or modified to a lesser penalty by the appellate court,

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the PDL shall be similarly entitled to CPI and Time Allowances from the
date of conviction.

Category 3: Jurisprudential heinous crimes which are those crimes


that have been categorically declared as heinous crimes by the
Supreme Court.

Category 4: Crimes which have been found by the trial or appellate


court to have been committed in a manner that is grievous, odious
and hateful to the senses and which, by reason of their inherent and
or manifest wickedness, viciousness, atrocity and perversity are
repugnant and outrageous to the common standards and norms of
decency and morality in a just, civilized and ordered society. In such
cases, the heinousness of the crime must be expressly and
categorically declared in the decision of the Trial or Appellate Court.

The entire period for which a PDL stood charged for any of the above-
mentioned offense/s in Categories 1 and 3 above shall not earn any CPI
or Time Allowances.

Should the PDL be convicted upon final judgment of the same heinous crime
charged, no Time Allowances shall ever accrue during the service of
sentence. Conversely, should the PDL be convicted upon final judgment of
a non-heinous crime, the PDL is deemed eligible for succeeding CPI and
Time Allowances from the date of said conviction.

The entire period for which a PDL stood charged for any of the above-
mentioned offense/s in Categories 2 and 4 will earn CPI and Time
Allowances.

Should such PDL be convicted upon final judgment of a heinous crime, no


further Time Allowances shall be granted and those accrued, including CPI,
shall no longer be revoked. Conversely, should the PDL be convicted upon
final judgment of a non-heinous crime, the PDL is deemed eligible to
continue receiving Time Allowances. Such period is computed from the
actual date of arrest and/or commencement of detention, until the finality
of conviction promulgated by the trial or appellate courts.

All certifications or documents evidencing the disqualifications of the PDL


shall form part of the carpeta.

Section 4. Invalidly Granted CPI and Time Allowances – The CPI and time
allowances granted to a PDL who, upon further determination, is subsequently found
to be a recidivist, or a PDL who has been convicted previously twice or more times of

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any crime, or a PDL who has been summoned for the execution of sentence and has
failed to surrender voluntarily before a court of law, or a habitual delinquent, or an
escapee, or charged and/or convicted of a heinous crime, are deemed void ab initio
and shall be revoked accordingly.

CHAPTER 4
Credit for Preventive Imprisonment (CPI)

Section 5. Who are Qualified – A PDL who has undergone preventive imprisonment
shall be credited either fully or four-fifths (4/5) of the period of detention.

Section 6. Who are not Qualified – The following PDL shall not be entitled to any
credit for preventive imprisonment:

a. Recidivist;
b. An accused who has been convicted previously twice or more times of any
crime;
c. An accused who, upon being summoned for the execution of his sentence
has failed to surrender voluntarily before a court of law;
d. Habitual Delinquent;
e. Escapee; and
f. Those charged of heinous crimes, provided that a PDL who appeals his case
may be qualified in accordance with Section 11.

Section 7. PDL Qualified to Full CPI - Those who have voluntarily signed a
Detainee’s Manifestation shall be entitled to receive full CPI.

Section 8. PDL Qualified to Four-Fifth (4/5) of CPI - Those who have voluntarily
signed a Detainee’s Waiver. However, when a PDL refuses to sign a Detainee’s Waiver,
the same shall be construed and considered as an implied waiver and can still be
entitled to four-fifth (4/5) credit.

In case of such implied waiver, such fact shall be indicated in the Detainee’s
Waiver and certified by the prison/jail authority and attested to by a counsel.

Section 9. Coverage of the Period of Preventive Imprisonment – The accrual


of CPI to a qualified PDL undergoing preventive imprisonment shall begin from the
date of arrest, until the finality of the judgment of conviction. In case a PDL is
preventively imprisoned by a law enforcement agency, other than the BJMP or the
provincial jails, a Certificate of Detention shall be issued by the said law enforcement
agency for purposes of computing CPI, which shall form part of the carpeta.

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Section 10. Crediting of Preventive Imprisonment – A qualified PDL who


voluntarily signs a Detainee’s Manifestation with the assistance of counsel, thereby
agreeing to abide by the same disciplinary rules imposed upon a convicted PDL, shall
be credited with the full period of detention during which the said PDL has undergone
preventive imprisonment. On the other hand, a qualified PDL who voluntarily signed
the Detainee’s Waiver with the assistance of counsel, or has refused or failed to sign
the same shall be credited four-fifth (4/5) of the period of detention during the said
preventive imprisonment.

If, at any time, a PDL who initially refused to sign a Detainee’s


Manifestation/Waiver or who had previously signed a Waiver, thereafter requests for
the nullification of Waiver and in lieu thereof signs or executes a Detainee’s
Manifestation/Waiver in the presence of counsel, the PDL shall be entitled to either
full or four-fifths (4/5) credit of CPI prospectively.

A PDL who is qualified for CPI shall also be entitled to avail GCTA, TASTM and
STAL during preventive imprisonment.

Section 11. Crediting of Preventive Imprisonment Pending Appeal – A PDL


who is charged of a heinous crime and is convicted by the trial court of a non-heinous
crime shall be entitled to CPI from the date of conviction by the trial court, provided
said conviction is final, is affirmed on appeal with finality or the appeal therefrom is
withdrawn. Likewise, a PDL convicted by the trial court of a heinous crime but modified
to a non-heinous crime on appeal with finality, shall be entitled to CPI from the date
of conviction by the trial court.

CHAPTER 5
Immediate Release

Section 12. Who are Qualified – A PDL who has undergone preventive
imprisonment for a period equal to the possible maximum imprisonment of the offense
charged to which said PDL may be sentenced and whose case is not yet terminated.

Section 13. Immediate Release of a PDL under Preventive Imprisonment –


If the PDL has undergone an actual period of detention with GCTA and TASTM, equal
to the possible maximum imprisonment of the offense charged to which the PDL may
be sentenced and the case is not terminated, the PDL shall be released immediately,
without prejudice to the continuation of the trial thereof or the proceeding on appeal,
except if the PDL is:

a. A Recidivist;
b. An accused who has been convicted previously twice or more times of any
crime;

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c. An accused who, upon being summoned for the execution of sentence, has
failed to surrender voluntarily before a court of law;
d. A Habitual Delinquent;
e. An Escapee; and
f. Charged of Heinous Crime.

It shall be the responsibility of the prison/jail authority to monitor the preventive


imprisonment of a PDL in order to avoid overstaying. If necessary, the prison/jail
authority shall either manually or electronically determine the expected date of release
of the said PDL. (For this purpose, the prison/jail authority may refer to Annex O re:
Computation Table of GCTA under RA No. 10592 for guidance)

The prison/jail authority shall undertake to inform the PDL, private counsel or
counsel de officio on record at least thirty (30) days before the expiration of the
possible maximum imprisonment.

For purposes of filing the necessary pleading for immediate release of the PDL,
a Certificate of Detention and Certification of CPI and Time Allowances granted shall
be issued by the prison/jail authority, using Corrections Cluster Form No. 7.

The actual period of detention shall include the confinement of the PDL while
under the custody of any law enforcement agency. For this purpose, the law
enforcement agency shall issue a Certificate of Detention, which shall form part of the
carpeta of the PDL.

If the maximum penalty to which the PDL may be sentenced is destierro, the
PDL shall be released after thirty (30) days of preventive imprisonment.

Credit for Preventive Imprisonment for the penalty of reclusion perpetua shall
be deducted from thirty (30) years.

CHAPTER 6
Good Conduct Time Allowance (GCTA)

Section 14. Good Conduct Time Allowance – A grant accorded to a PDL on good
conduct entitling said PDL to deductions from the possible maximum imprisonment or
period of sentence.

Section 15. Commencement of Entitlement to GCTA – A qualified PDL shall


begin to earn GCTA from the date of commitment in the provincial jail, BJMP or BuCor.

Section 16. Graduated Scale of Deductible GCTA – The graduated scale of


deductible GCTA shall commence from the date the PDL is committed in the provincial

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jail or BJMP. However, when a PDL is originally committed in the BuCor, the graduated
scale shall commence to run therefrom. Provided that when a PDL has been originally
detained in the provincial jail or BJMP and transferred to the BuCor, the graduated
scaling of deductible GCTA shall be continued. Provided further, that the detention of
the PDL is without any Time Gap.

Section 17. Scale of Deductible GCTA – A qualified PDL shall be entitled to the
following deductions for each month of good behavior during detention or service of
sentence, from the possible maximum imprisonment or from period of sentence,
respectively:

a. Scale 1 (S1) - During the first two (2) years of imprisonment, a deduction of
twenty (20) days. [First Month to Two (2) Years];

b. Scale 2 (S2) - During the third to the fifth year, inclusive, of imprisonment, a
deduction of twenty-three (23) days. [Two (2) Years and One (1) Day to Five
(5) Years];

c. Scale 3 (S3) - During the following years until the tenth year, inclusive, of
imprisonment, a deduction of twenty-five (25) days. [Five (5) Years and 1 Day
to Ten (10) Years]; and

d. Scale 4 (S4) - During the eleventh and successive years of imprisonment, a


deduction of thirty (30) days. [Ten (10) Years and One (1) day and Beyond]

Section 18. Good Conduct – refers to the faithful obedience to all prison/jail rules
and regulations, including the non-commission, or non-participation in the commission
of any crime during the period of detention/imprisonment, coupled with:

a. Conspicuous and satisfactory behavior of a detention or convicted PDL


consisting of, among others, active involvement in developmental or
reformatory programs, or productive participation in authorized work
activities; or

b. Accomplishment of exemplary deeds, as may be determined by the


prison/jail authority, not otherwise falling under paragraph (a) of this
Section.

However, if the PDL could not participate in developmental or reformatory


programs, or authorized work activities, due to causes not of the PDL’s own doing or
beyond the PDL’s control, said PDL shall still be entitled to GCTA, provided that there
is faithful obedience to all prison/jail rules and regulations, including the non-
commission, or non-participation in the commission of any crime during the period of

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detention/imprisonment. The entitlement hereunder shall be subject to the applicable


processes/approvals under this Manual.

Section 19. GCTA During Preventive Imprisonment. – The good conduct of a


detained PDL qualified for credit for preventive imprisonment shall entitle the said PDL
to deductions provided by RA No. 10592, its Revised IRR and this Manual, as GCTA,
from the possible maximum imprisonment.

The following shall not be entitled to any GCTA during preventive


imprisonment:

a. Recidivist;
b. An accused who has been convicted previously twice or more times of any
crime;
c. An accused who, upon being summoned for the execution of his sentence,
has failed to surrender voluntarily before a court of law;
d. Habitual Delinquent;
e. Escapee; and
f. Charged of heinous crimes.

Section 20. GCTA During Service of Sentence – The good conduct of a PDL
convicted by final judgment in any penal institution, rehabilitation or detention center
or any other local jail shall entitle the PDL to the deductions provided by RA No. 10592,
its Revised IRR and this Manual, as GCTA, from the service of sentence.

The following shall not be entitled to any GCTA during service of sentence:

a. Recidivist;
b. Habitual Delinquent;
c. Escapee; and
d. Convicted of heinous crimes.

Section 21. Effect of Appeal - An appeal by a PDL shall not deprive said PDL of
entitlement to GCTA.

Section 22. Violation of Prison/Jail Rules and Regulations – Violation of


prison/jail rules and regulations shall deprive the PDL from entitlement to GCTA for a
number of months corresponding to the penalty imposed by the prison/jail authority.

A. Light Violations – penalty of three (3) months non-entitlement to GCTA.

1. Unauthorized selling or bartering with another PDL of items not classified as


contraband;

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2. Unauthorized rendering of personal service to fellow PDL;

3. Littering or failing to maintain cleanliness and orderliness in quarters and/or


surroundings;

4. Making frivolous or groundless complaints;

5. Taking the cudgels for reporting groundless complaints on behalf of other PDL;

6. Late in formation during PDL headcount, without justifiable reason;

7. Wilful waste of food;

8. An act or omission which constitute a violation of any law, where the penalty
prescribed is not more than six (6) months imprisonment; and

9. Any other act or omission analogous to the foregoing.

B. Less Serious Violations - penalty of six (6) months non-entitlement to GCTA.

1. Failure to report for authorized mandatory activities without sufficient


justification;

2. Failure to render assistance to an injured personnel or fellow PDL;

3. Failure to assist in putting out fires inside the prison/jail;

4. Behaving improperly or acting boisterously during religious, social and other


group functions;

5. Swearing, cursing or using profane or defamatory language;

6. Malingering or pretending to be sick to avoid participation in authorized


mandatory activities;

7. Spreading rumors or malicious intrigues to besmirch the honor of any person;

8. Failure to stand at attention and give due respect when confronted by or


reporting to any prison/jail authority;

9. Forcing fellow PDL to render personal service for another;

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10. Exchanging uniforms or wearing clothes other than those issued for the
purpose of circumventing prison/jail rules;

11. Loitering or being in an unauthorized place;

12. Unauthorized writing, defacing, or drawing on walls, floors, furniture or


equipment;

13. Possession of lewd or pornographic literature, photographs, and sexual items;

14. Absence from cell, brigade, place of work during headcount, or at any time
without justifiable reason;

15. Failure to turn over any implement or article issued after work detail;

16. Wilful disobedience to a lawful order issued by any prison/jail authority;

17. Unruly conduct and flagrant disregard of discipline and lawful instructions;

18. An act or omission which constitute a violation of any law, where the penalty
prescribed is six (6) months and one (1) day to six (6) years imprisonment; and

19. Any other act or omission analogous to the foregoing.

C. Serious Violations - penalty of twelve (12) months non-entitlement to GCTA.

1. Withholding important information which may be inimical or prejudicial to


prison/jail safety and security;

2. Unauthorized use of communication equipment;

3. Making untruthful statements or lies in any official communication, transaction,


or investigation;

4. Keeping or concealing keys or locks of places in the prison/jail which are off-
limits to a PDL;

5. Giving gift, selling, or bartering with any prison/jail personnel;

6. Keeping unauthorized amount of money, jewelry, cellular phones or other


communication devices, luxurious properties and other items classified as
contraband under the prison/jail rules and regulations;

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7. Tattooing others or allowing to be tattooed on any part of the body, or keeping


any paraphernalia to be used in tattooing;

8. Forcibly taking a thing of value and/or extorting money from any person;

9. Punishing or inflicting physical injuries or harm upon a PDL or other person;

10. Receiving, keeping, taking or drinking intoxicating beverages and of prohibited


or regulated drugs, including smoking and vaping;

11. Making, improvising or unauthorized keeping of any kind of deadly weapon;

12. Concealing or withholding information on plans of escapes;

13. Escaping, attempting or planning to escape from the correctional facility or from
the custody of any prison/jail personnel;

14. Helping, aiding, or abetting others to escape;

15. Fighting, causing any disturbance or participating therein and/or agitating to


cause such disturbance or tumults;

16. Exhibiting indecent, immoral, or lascivious acts, conducts or behavior;

17. Physically assaulting any prison/jail personnel;

18. Damaging government property or equipment;

19. Participating or organizing an unauthorized disciplinary proceedings;

20. Deliberately failing to inform the authorities concerned when afflicted with any
communicable disease, such as tuberculosis, sexually-transmitted diseases, and
other similar diseases or illnesses;

21. Engaging in gambling or any game of chance;

22. An act or omission which constitute a violation of any law, where the penalty
prescribed is more than six (6) years imprisonment;

23. Any other act or omission analogous to the foregoing.

Section 23. Non-entitlement to GCTA for Multiple Violation of Rules and


Regulations – The imposition of the penalty for multiple violation of prison/jail rules

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and regulations shall result to non-entitlement of the PDL to GCTA corresponding to


the total number of months of the penalties imposed by the prison/jail authority.

Section 24. Assessment of GCTA – The GCTA of a qualified PDL shall be assessed
at the end of every month. For this purpose, a month shall be construed to mean
thirty (30) days.

CHAPTER 7
Time Allowance for Study, Teaching or Mentoring (TASTM)

Section 25. Who are Qualified – At any time during preventive imprisonment or
service of sentence, a qualified PDL entitled to GCTA shall, in addition thereto, be
allowed another deduction of fifteen (15) days for each month of study, teaching or
mentoring service.

The deduction provided under this Section shall be given to a qualified PDL who
pursues an educational program, whether formal, vocational or technical, an
alternative learning system, or any developmental course, accredited by prison/jail
authority, or who serves a fellow PDL as teacher or mentor while incarcerated.

Section 26. Who are Disqualified – The following PDL shall not be entitled to
TASTM:

a. Recidivist;
b. Habitual delinquent;
c. Escapee; and
d. Charged and convicted of heinous crimes.

Section 27. Effect of Appeal – An appeal by a PDL shall not deprive said PDL of
entitlement to TASTM.

Section 28. Study, Teaching or Mentoring – In addition to GCTA, a PDL shall be


allowed another deduction of fifteen (15) days for each month of study, teaching or
mentoring service time rendered.

A. Study

Three Categories:

Category 1 - Formal/Non-Formal Education – study under basic education and


CHED authorized undergraduate and post-graduate programs which shall be
evidenced by a monthly certificate of attendance, issued by the teacher; provided
that the PDL has undergone the required attendance for the month.

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Category 2 - Technical/Vocational Education – study of training courses


accredited by TESDA, which shall be evidenced by a monthly certificate of
attendance, issued by the instructor; provided that the PDL has undergone the
required attendance for the month.

Category 3 - Developmental/Reformatory Programs – programs other than


the above categories, which are aimed at enhancing the personal growth of the
PDL, such as, but not limited to: psycho-educational counseling; therapeutic
community modality trainings; values formation trainings; advanced first-aid and
disaster trainings, and the like, including technical/vocational or skills training
which are not otherwise accredited by TESDA. The same shall be evidenced by a
certificate of attendance to be issued by the facilitator, stating that the PDL has
undergone the required attendance for the month.

Service providers, including the proposed developmental or reformatory


courses, shall be subject to an accreditation process by the prison/jail authority, in
accordance with the respective accreditation processes and certified by the welfare
and development or reformation officer.

B. Teaching

A PDL accredited by prison/jail authority, in accordance with the accreditation


processes of each correctional facility and authorized to teach or mentor, shall be
credited an additional fifteen (15) days deduction for rendering the required
teaching service for the month. For the purpose of crediting time allowance for
teaching, the welfare and development or reformation officer shall issue a
Certificate of Teaching which shall form part of the carpeta of the PDL.

C. Mentoring

A PDL who is highly skilled and experienced in any industry, accredited by


prison/jail authority in accordance with the respective accreditation processes and
authorized to mentor developmental or reformatory courses to another PDL, shall
be entitled to an additional fifteen (15) days deduction for rendering the required
mentoring service for the month. In the grant of time allowance for mentoring, the
welfare and development or reformation officer shall issue a Certificate of
Mentoring which shall form part of the carpeta of the PDL.

Section 29. Computation of TASTM – In order to be entitled to TASTM, a PDL


should earn a cumulative sixty (60) hours of study, teaching or mentoring service
within a month.

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The accumulated study, teaching or mentoring service time rendered in excess of


the foregoing shall not be carried over to the ensuing month.

CHAPTER 8
Special Time Allowance for Loyalty (STAL)

Section 30. Who are Qualified – The STAL shall be granted to any qualified PDL
who has escaped confinement or during service of sentence under the circumstances
cited in Article 158 of the RPC, as amended, pertaining to evasion of service of
sentence on the occasion of disorders, conflagrations, earthquakes, or other
calamities, and surrendered to the authorities within forty-eight (48) hours following
the proclamation announcing the passing away of the calamity or catastrophe, or who
chose to stay in jail or prison during the existence of the calamity or catastrophe.

Section 31. Who are Disqualified – The following shall not be entitled to STAL:

a. Recidivist;
b. Habitual Delinquent;
c. Escapee; and
d. Charged or convicted of heinous crimes.

Section 32. Deductible STAL – A deduction of one fifth (1/5) of the period of
sentence shall be granted to any PDL who, having evaded preventive imprisonment
or service of sentence under the circumstances mentioned in Article 158 of the RPC,
as amended, gives up to the authorities within forty-eight (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 (2/5) of the period of
sentence shall be granted in case said PDL chose to stay in the place of confinement
notwithstanding the existence of a calamity or catastrophe enumerated in Article 158
of the RPC, as amended.

Section 33. Qualifications for STAL – STAL shall be granted to any PDL, whether
undergoing preventive imprisonment charged in a court of law or serving sentence,
provided the following circumstances concur:

A. There is an occasion of disorder resulting from the following calamities or


catastrophes:

1. conflagration;
2. earthquake;
3. explosion;
4. similar catastrophe; or
5. during a mutiny in which the PDL has not participated.

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B. In case of the occurrence of disorder resulting from the foregoing calamity


or catastrophe, without intervention of man, a declaration of the occurrence
and a proclamation announcing the passing of the calamity or catastrophe
by the President upon recommendation of the National Disaster Risk
Reduction and Management Council (NDRRMC) or the local chief executive
upon recommendation of the Local Disaster Risk Reduction and
Management Office (LDRRMO) shall be required. Such declaration and
proclamation shall form part of the carpeta.

In case of the occurrence of disorder resulting from conflagration or mutiny,


a declaration of the occurrence of the said disorder from the prison/jail
authority with the concurrence of the Secretary of Justice (SOJ) on the part
of the BuCor, or the Secretary of the Interior and Local Government (SILG)
on the part of the BJMP and the provincial jails, and a proclamation
announcing the passing of the said disorder from the prison/jail authority
with the concurrence of the SOJ on the part of the BuCor, or the SILG on
the part of the BJMP and the provincial jails, shall be required. Such
declaration and proclamation shall form part of the carpeta.

C. The PDL surrenders to the government authorities within forty-eight (48)


hours following such proclamation of the passing of the disorder resulting
from the calamity or catastrophe, or the PDL chose to stay in the prison or
jail facility during the occurrence of a disorder resulting from a calamity or
catastrophe, as the case may be.

D. The PDL has the opportunity to escape the prison or jail during the
occurrence of a disorder resulting from a calamity or catastrophe which
renders the Jail Officers, Prisons/Corrections Officer, Prison Guard, or any
law enforcement officer in custody of the PDL, ineffective because of a total
or partial breakdown in controlling or stopping the PDL.

E. In case of the occurrence of a disorder resulting from a calamity or


catastrophe and the PDL is under preventive imprisonment, the law
enforcement agency, provincial jail, BJMP or BuCor shall issue a Certificate
of Qualification for STAL, which shall be the reference in granting STAL by
either the provincial jail, BJMP or BuCor after conviction by final judgment.
The Certificate of Qualification for STAL shall form part of the carpeta.

Section 34. Documentary Requirements for STAL – Every after the occurrence
of disorder resulting from a catastrophe or calamity mentioned above, the prison/jail
authority shall determine the existence of the circumstances mentioned in Section 32
of this Chapter. For this purpose, the prison/jail authority shall secure the following
documents:

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A. The declaration and proclamation announcing the existence and passing


away of the disorder;

B. Proof that the PDL had the opportunity to escape from the prison or jail
during the occurrence of a disorder resulting from a calamity or catastrophe
which renders the Jail Officers, Prisons/Corrections Officer, Prison Guard, or
any law enforcement officer in custody of the PDL, ineffective because of a
total or partial breakdown in controlling or stopping the PDL, such as an
excerpt of the blotter, Spot Report, Progress Report, Final Report or other
related documents; and

C. Proof that the PDL surrendered to the government authorities within forty-
eight (48) hours following such proclamation of the passing away of the
disorder, such as an excerpt of the blotter, Spot Report, Progress Report,
Final Report of the authority where the PDL surrendered, or other related
documents.

D. Proof that the PDL chose to stay in the prison or jail facility, such as excerpt
of the blotter, Spot Report, Progress Report, Final Report of the authority
where the PDL surrendered, or other related documents.

E. The Certificate of Qualification for STAL issued by the law enforcement


agency, provincial jail, BJMP or BuCor.

The documents secured evidencing the foregoing shall form part of the carpeta
of the PDL.

Section 35. Granting of STAL – Upon conviction by final judgment, the prison/jail
authority where the PDL is confined shall direct the MSEC to assess, evaluate and
recommend the granting of STAL. After approval of the resolution of the MSEC, the
prison/jail authority shall grant STAL by the issuance of Certification using Corrections
Cluster Revised Form No. 7, which shall form part of the carpeta. The prison/jail
authority shall then determine if the PDL has already fully served sentence, otherwise,
the PDL shall be transferred to BuCor for the completion of the service of sentence.

CHAPTER 9
Management, Screening and Evaluation Committee (MSEC)

Section 36. Creation of MSEC – The Director General of the BuCor, the Chief of
the BJMP or the BJMP Wardens, and Wardens of the Provincial Jails shall respectively
create an MSEC. In the case of the BuCor, there shall be created an MSEC in every

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prison and penal farm. There shall be created a number of MSEC as maybe necessary,
to be determined by the prison/jail authority.

Section 37. Composition of MSEC – Membership in the MSEC shall not be less
than five (5) personnel and may include a representative from the appropriate records
office, reformation office or welfare and development office, discipline office,
legal/paralegal, office of the overseer, and if available, a psychologist and a social
worker. A probation and parole officer, a prosecutor and a representative from civil
society organization shall be invited to appear as observers during the deliberations.

Section 38. Functions of the MSEC – Each MSEC shall assess, evaluate, and
recommend through a Resolution to the Director General of the BuCor, the Chief of
the BJMP and Wardens of the provincial, district, city and municipal jails, as the case
may be, the recognition of CPI and the grant of GCTA, TASTM or STAL to a qualified
PDL, using Corrections Cluster Revised Form Nos. 3 to 6, as may be appropriate.

Section 39. MSEC Quorum – The MSEC shall declare a quorum to be able to validly
act on the recognition of time credits and the grant of time allowances to PDL. Majority
of the members shall constitute a quorum and a majority vote of the members present
shall decide on the final recommendation to be submitted to the prison/jail authority
for appropriate action.

Section 40. Conflict of Interest – Any member of the MSEC who may have a
conflict of interest, bias, prejudice, for or against a PDL subject for the recognition of
time credits and the grant of time allowances shall inhibit from the entire proceeding.
In case a member fails to voluntarily inhibit and another member raises the issue of
inhibition, the committee shall decide whether such member shall be excluded from
the deliberation. When the membership of the MSEC is reduced to fifty (50) percent
or less, the prison/jail authority shall appoint another member from the concerned
offices to constitute a quorum.

Section 41. MSEC Guidelines – The following shall be observed in the assessment,
evaluation and recommendation for the recognition of the time credits and the grant
of time allowances:

a. The entitlement of a PDL to time credits and allowances shall be monitored


and reported to the MSEC monthly;

b. The appropriate office or officer shall have the duty to promptly and timely
transmit to the MSEC a list of PDLs who may be qualified for release based
on presumptive entitlement to time credits and allowances. The list shall
include the name of the PDL, crime charged or convicted, possible maximum
imprisonment or penalty imposed, expected date of release, and such other
pertinent information as may aid the MSEC in its assessment and evaluation.

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c. The said list, which shall contain a directive to other offices of the correctional
facility or to any other person to furnish the MSEC with any pertinent
information that may affect its deliberations, shall be posted in three (3)
conspicuous places within the correctional facility, and/or uploaded in the
agency’s website, subject to the relevant provisions of RA No. 10173,
otherwise known as the “Data Privacy Act of 2012”.

Section 42. Safekeeping of Records – The MSEC shall maintain files and keep
records of all its resolutions and documents pertaining to the recognition of time
credits and granting time allowances of PDL.

Section 43. MSEC Observers – The MSEC shall invite representatives from the PPA,
National Prosecution Service (NPS) of the DOJ and accredited civil society
organizations to appear as observers during its deliberations.

Section 44. Access to PDL’s Information – The MSEC shall maintain the integrity
of sensitive personal information contained in the PDL’s records and shall ensure
faithful compliance with the provisions of RA No. 10173, otherwise known as the “Data
Privacy Act of 2012”.

CHAPTER 10
Crediting of CPI and Grant of Time Allowances

Section 45. Who Credits CPI and Grants Time Allowances – Whenever lawfully
justified, the following officials shall recognize CPI and grant time allowances:

a. Director General of the Bureau of Corrections;


b. Chief of the Bureau of Jail Management and Penology; and/or
c. Warden of a Provincial, District, City or Municipal Jail.

On the part of the BuCor, it is only the Director General who shall act on the
recommendations of the MSEC, and the same cannot be delegated to a representative.

Section 46. Crediting of Preventive Imprisonment and Granting of Time


Allowances– The concerned prison/jail authority shall credit CPI and grant time
allowances of a PDL, at the end of:

a. The second year of detention or imprisonment;


b. The fifth year of detention or imprisonment;
c. The tenth year of detention or imprisonment; or
d. The eleventh year of detention or imprisonment and every year thereafter.

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The foregoing notwithstanding, the concerned prison/jail authorities shall grant


accrued Time Allowances, as may be necessary, to ensure the prompt and timely
release of a qualified PDL based on his presumptive entitlement to time credits and
allowances.

Section 47. Action on the MSEC Resolution - Acting on the resolution of MSEC,
the prison/jail authority concerned shall either:

a. Approve the resolution recommending the recognition of the time credits and
the grant of time allowances to the PDL for the particular period; or

b. Disapprove the resolution if the PDL is not qualified/entitled to be granted CPI


and other time allowances; or

In cases of clerical, inadvertent or mathematical error, including irregularities


arising from issues of inhibition that attended the passage of the MSEC resolution, the
prison/jail authority shall return the resolution with notation or comment.

Provided, however, that issues of inhibition shall be submitted to the prison/jail


authority before the resolution is approved. Upon approval, no other issues shall be
entertained except:

i. Mathematical error in the computation; or

ii. Subsequent discovery of disqualification or non-entitlement of the PDL.

In case of approval/disapproval of the resolution, the prison/jail authority shall


issue a corresponding Certification using Corrections Cluster Revised Form No. 7,
which shall form part of the carpeta of the PDL.

When a PDL is transferred from one detention facility to another, i.e. from a
provincial jail to another provincial jail/BJMP jail/BuCor, from BJMP jail to another BJMP
jail/provincial jail/ BuCor, and from BuCor to a provincial jail or BJMP jail, the prison/jail
authority shall issue a Summary of Credited CPI and Granted Time Allowances using
Corrections Cluster Form No. 8, which shall form part of the carpeta of the concerned
PDL.

Section 48. Irrevocability of Time Allowances Granted; Exceptions. – Time


allowances such as GCTA, TASTM and STAL, once validly granted by the prison/jail
authority to a qualified PDL, shall not be revoked.

The CPI and time allowances granted to a PDL who, upon further
determination, is subsequently found to be disqualified thereto shall be considered
void ab initio and shall be revoked accordingly.

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The credited CPI or granted time allowances by reason of mathematical errors


shall likewise be considered void ab initio and shall be revoked accordingly.

CHAPTER 11
Partial Extinction of Criminal Liability

Section 49. Partial Extinction of Criminal Liability – Criminal liability is


extinguished partially:

a. By conditional pardon;
b. By commutation of sentence; and
c. For good conduct time allowances which the culprit may earn while
undergoing preventive imprisonment or serving sentence.

The grant of time allowances to a disqualified PDL, whether under the previous
or present Rules, shall not extinguish criminal liability.

CHAPTER 12
Oversight Function

Section 50. Oversight Function – The Secretary of Justice and the Secretary of
the Interior and Local Government, in the exercise of their Administrative Supervision,
may issue guidelines or take other appropriate actions for the proper implementation
of the Revised Implementing Rules and Regulations of RA No. 10592 and ensure
faithful compliance therewith.

CHAPTER 13

Section 51. Transitory Application - The transitory application of time allowances


to a PDL under RA No. 10592 shall be in the following manner:

A. Retroactive Application to a Qualified PDL – The GCTA of a qualified PDL


who committed the crime prior to 10 October 2013 shall be reckoned from the
date of preventive imprisonment, unless there is evidence that the PDL violated
any prison/jail rule/s, in which case said PDL shall not be entitled to GCTA for
a period commensurate to the violation, and in accordance with the prison/jail
rule/s.

B. Entitlement to the Provisions of the RPC, Prior to its amendment by


RA No. 10592 - A PDL disqualified under RA No. 10592 who committed the

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offense and was convicted by final judgment prior to 10 October 2013 and
entitled to CPI, GCTA and STAL that had already accrued shall continue to be
entitled to GCTA and STAL authorized to be granted, in accordance with the
RPC, prior to the amendments by RA No. 10592.

Moreover, a PDL disqualified under RA No. 10592 who committed the offense
and was charged before the effectivity of the law but was convicted by final
judgment after 10 October 2013 and entitled to CPI, GCTA and STAL that had
already accrued shall continue to be entitled to GCTA and STAL authorized to
be granted, in accordance with the RPC, prior to the amendments by RA No.
10592.

C. Partial Entitlement to the Benefits Granted by RA No. 10592 – A PDL


charged with a heinous crime before the effectivity of RA No. 10592, but
convicted of a lesser offense after the effectivity of RA No. 10592 shall be
entitled to CPI from the date of arrest. Further, the said PDL shall be entitled
to the benefits of RA No. 10592, starting from the date of conviction by the trial
court.

A PDL charged with a heinous crime after the effectivity of RA No. 10592, but
convicted of a lesser offense after the effectivity of RA No. 10592 shall not be
entitled to CPI and Time Allowances, from the date of arrest until conviction by
the trial court. However, the said PDL shall be entitled to the benefits of RA No.
10592, starting from the date of conviction by the trial court.

D. Entitlement under the Old Law but not entitled to the Benefits Granted
by RA No. 10592 – A PDL charged with a heinous crime before the effectivity
of RA No. 10592, and was convicted by final judgment after the latter law
became effective, shall continue to earn CPI, in accordance with the RPC, prior
to the amendments by RA No. 10592. Such convicted PDL shall not be entitled
to any Time Allowances under RA No. 10592.

E. Non-Entitlement to the Benefits Granted by RA No. 10592 - A


disqualified PDL under preventive imprisonment or who has commenced the
service of sentence by final judgment after the effectivity of RA No. 10592 shall
not be entitled to any CPI or Time Allowances.

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