Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro ManilaFifteenth Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
REPUBLIC ACT No. 10592
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:
"ART. 29. Period of preventive imprisonment deducted from term of imprisonment. – Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the detention prisoner agrees voluntarily in writing after being informed of the effects thereof and with the assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners,...
Details
Amends
n/a
Amended by
n/a
Republic Acts
AN ACT AMENDING ARTICLES 29
Republic Act No. 10592
Summary of Republic Act No. 10592
Amendments to the Revised Penal Code on Preventive Imprisonment and Good Conduct Time Allowance
- Period of Preventive Imprisonment Deducted from Term of Imprisonment (Section 1, amending Article 29):
• Offenders or accused who undergo preventive imprisonment shall be credited for the full time served if they voluntarily agree in writing, with assistance of counsel, to abide by disciplinary rules for convicted prisoners, except:
• When they are recidivists or have been convicted twice or more previously. (Section 1)
• When they fail to surrender voluntarily upon summons for execution of sentence. (Section 1)
• If they do not agree to abide by disciplinary rules, they shall be credited with four-fifths of the preventive imprisonment time. (Section 1)
• Credit for preventive imprisonment for reclusion perpetua shall be deducted from 30 years. (Section 1)
• Immediate release if preventive imprisonment equals the maximum possible sentence, excluding recidivists, habitual delinquents, escapees, and those charged with heinous crimes. (Section 1)
- Partial Extinction of Criminal Liability (Section 2, amending Article 94):
• Criminal liability is partially extinguished by conditional pardon, commutation of sentence, and good conduct allowances earned during preventive imprisonment or serving sentence. (Section 2)
- Allowance for Good Conduct (Section 3, amending Article 97):
• Good conduct of offenders qualified for preventive imprisonment credit or convicted prisoners entitles them to deductions from their sentence period as follows:
• First 2 years: 20 days deduction per month of good behavior. (Section 3)
• 3rd to 5th year: 23 days deduction per month of good behavior. (Section 3)
• 6th to 10th year: 25 days deduction per month of good behavior. (Section 3)
• 11th year onwards: 30 days deduction per month of good behavior. (Section 3)
• Additional 15 days deduction per month for study, teaching, or mentoring service. (Section 3)
• Appeal by the accused shall not deprive them of good conduct allowances. (Section 3)
- Special Time Allowance for Loyalty (Section 4, amending Article 98):
• One-fifth of sentence deducted if prisoner surrenders within 48 hours after a calamity or catastrophe proclamation. (Section 4)
• Two-fifths of sentence deducted if prisoner stays in confinement during a calamity or catastrophe. (Section 4)
• Applies to prisoners undergoing preventive imprisonment or serving sentence. (Section 4)
- Granting of Time Allowances (Section 5, amending Article 99):
• The Director of the Bureau of Corrections, Chief of the Bureau of Jail Management and Penology, and/or Warden of provincial, district, municipal or city jails shall grant allowances for good conduct when lawfully justified. (Section 5)
• Allowances once granted shall not be revoked. (Section 5)
- Penal Clause (Section 6):
• Imposes a penalty of 1 year imprisonment, a fine of ₱100,000, and perpetual disqualification from office for public officers or employees who violate the provisions of this Act. (Section 6)
- Implementing Rules and Regulations (Section 7):
• The Secretaries of the Department of Justice and Department of the Interior and Local Government shall promulgate rules and regulations on the classification system for good conduct and time allowances within 60 days from the approval of this Act. (Section 7)
- Separability Clause (Section 8)
- Repealing Clause (Section 9)
- Effectivity Clause (Section 10)
Amendments to the Revised Penal Code on Preventive Imprisonment and Good Conduct Time Allowance
- Period of Preventive Imprisonment Deducted from Term of Imprisonment (Section 1, amending Article 29):
• Offenders or accused who undergo preventive imprisonment shall be credited for the full time served if they voluntarily agree in writing, with assistance of counsel, to abide by disciplinary rules for convicted prisoners, except:
• When they are recidivists or have been convicted twice or more previously. (Section 1)
• When they fail to surrender voluntarily upon summons for execution of sentence. (Section 1)
• If they do not agree to abide by disciplinary rules, they shall be credited with four-fifths of the preventive imprisonment time. (Section 1)
• Credit for preventive imprisonment for reclusion perpetua shall be deducted from 30 years. (Section 1)
• Immediate release if preventive imprisonment equals the maximum possible sentence, excluding recidivists, habitual delinquents, escapees, and those charged with heinous crimes. (Section 1)
- Partial Extinction of Criminal Liability (Section 2, amending Article 94):
• Criminal liability is partially extinguished by conditional pardon, commutation of sentence, and good conduct allowances earned during preventive imprisonment or serving sentence. (Section 2)
- Allowance for Good Conduct (Section 3, amending Article 97):
• Good conduct of offenders qualified for preventive imprisonment credit or convicted prisoners entitles them to deductions from their sentence period as follows:
• First 2 years: 20 days deduction per month of good behavior. (Section 3)
• 3rd to 5th year: 23 days deduction per month of good behavior. (Section 3)
• 6th to 10th year: 25 days deduction per month of good behavior. (Section 3)
• 11th year onwards: 30 days deduction per month of good behavior. (Section 3)
• Additional 15 days deduction per month for study, teaching, or mentoring service. (Section 3)
• Appeal by the accused shall not deprive them of good conduct allowances. (Section 3)
- Special Time Allowance for Loyalty (Section 4, amending Article 98):
• One-fifth of sentence deducted if prisoner surrenders within 48 hours after a calamity or catastrophe proclamation. (Section 4)
• Two-fifths of sentence deducted if prisoner stays in confinement during a calamity or catastrophe. (Section 4)
• Applies to prisoners undergoing preventive imprisonment or serving sentence. (Section 4)
- Granting of Time Allowances (Section 5, amending Article 99):
• The Director of the Bureau of Corrections, Chief of the Bureau of Jail Management and Penology, and/or Warden of provincial, district, municipal or city jails shall grant allowances for good conduct when lawfully justified. (Section 5)
• Allowances once granted shall not be revoked. (Section 5)
- Penal Clause (Section 6):
• Imposes a penalty of 1 year imprisonment, a fine of ₱100,000, and perpetual disqualification from office for public officers or employees who violate the provisions of this Act. (Section 6)
- Implementing Rules and Regulations (Section 7):
• The Secretaries of the Department of Justice and Department of the Interior and Local Government shall promulgate rules and regulations on the classification system for good conduct and time allowances within 60 days from the approval of this Act. (Section 7)
- Separability Clause (Section 8)
- Repealing Clause (Section 9)
- Effectivity Clause (Section 10)