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REPUBLIC ACT 10592
also known asGOOD CONDUCT & TIME
ALLOWANCE LAW
amended Articles 29, 94, 97, 98,
and 99of the Revised Penal
Code,enacted into law on MAY 29, 2013
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Section 1. which amended Article
29, RPC, is now to read as follows:ART. 29. Period of preventive imprisonmentdeducted from term of imprisonment.Offenders or accused who have undergonepreventive imprisonment shall be credited in
the service of their sentence consisting ofdeprivation of liberty, with the full time duringwhich they have undergone preventiveimprisonment if the detention prisoner agreesvoluntarily in writing after being informed ofthe effects thereof and with the assistanceof counselto abide by the same disciplinaryrules imposed upon convicted prisoners,except in the following cases:
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1. When they are recidivists, or have beenconvicted previously twice or more times of anycrime; and
2. When upon being summoned for theexecution of their sentence they have failed tosurrender voluntarily.
If the detention prisoner does not agree to
abide by the same disciplinary rules imposedupon convicted prisoners, he shall do so inwriting with the assistance of a counselandshall be credited in the service of his sentencewith four-fifths of the time during which he hasundergone preventive imprisonment.
Credit for preventive imprisonment forthe penalty of reclusion perpetua shall bededucted from thirty (30) years.
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Whenever an accused has undergone preventive
imprisonment for a period equal to the possible maximum
imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be releasedimmediately without prejudice to the continuation of the trial thereof
or the proceeding on appeal, if the same is under review.
Computation of preventive imprisonment for purposes of
immediate release under this paragraph shall be the actual
period of detention with good conduct time allowance:
Provided, however, That if the accused is absent withoutjustifiable cause at any stage of the trial, the court may motu
propr io order the rearrest of the accused: Provided,
f inally, That recidivists, habitual delinquents, escapees and
persons charged with heinous crimes are excluded from the
coverage of this Act. In case the maximum penalty to which the
accused may be sentenced is destierro, he shall be released afterthirty (30) days of preventive imprisonment.
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When is there PREVENTIVE
IMPRISONMENT?
The accused undergoes Preventive
Imprisonment when the offense charged isunbailable, or even if bailable, he cannot
furnish the required bail.
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Full-time deduction from the penalty
imposed.
Full time shall be credited in the
service of their sentence, if the
detained prisoner shall agreevoluntarily in writing AFTER BEING
INFORMED OF THE EFFECTS and
WITH THE ASSISTANCE OF
COUNSEL, to abide with the same
disciplinary rules imposed upon
convicted prisoners.
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Example:
Mr. X is accused of homicide, which ispunishable by Reclusion Temporal. The
court set an amount of Php 15, 000.00 forbail, but he could not pay such, so he wasdetained, upon pending trial, for 3 yearsand 3 months. If after trial, A was found
guilty, and was sentenced to anindeterminate penalty of from 6 years to 1day to 12 years and 1 day, should he hadvoluntarily agreed in writing to abide withthe same disciplinary rules uponconvicted prisoners, his full timepreventive imprisonment of 3 years and 3months shall be deducted from 12 yearsand 1 day, making it 8 years and 9
months.
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4/5 time deduction from the penalty imposed.
Four-fifth of the time of hispreventive imprisonmentshall be
credited in the service of their
sentence, if the detained prisonershall have not agreed to abide with
the same disciplinary rules imposed
upon convicted prisoners, which
also must be done in writing and in
the assistance of counsel.
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Exceptions to the rule
1. RECIDIVISTS/ people having beenconvicted previously twice or more
times of any crime
2. Habitual Delinquents3. When upon being summoned for
the execution of their sentence, they
have failed to surrender voluntarily.
4. Escapees
5. Persons charged with heinous
crimes
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In case of Perpetual penalties
The third paragraph of RA no.10592 expressly provides that itcredits for preventive imprisonment forthe penalty of reclusion perpetua,
deducting it from the 30 years.
Impliedly, it also applies for thepenalty of life imprisonment, anaccused sentenced to such is stillentitled to the deduction of either thefull time or four-fifths of the time of
preventive imprisonment.
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1. If the period of preventive
imprisonment of the accused is
equal to or more than the penaltyimposed after trial, he shall be
released immediately.
2. Computation of preventive
imprisonment shall be the actual
period of detention with good
conduct time allowance.
3. If the accused is absent without
justifiable cause at any stage of the
trial, the court may motu propio
order the rearrest of the accused.
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Section 2. which amended Article
94, RPC, is now to read as:
ART. 94. Partial extinction of criminal
liability.Criminal liability is
extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which
the culprit may earn while he isundergoing preventive
imprisonment or serving his
sentence.
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Section 3. which amended Article
97, RPC, is now to read as:
ART. 97.Allowance for good conduct.The goodconduct of any offender qualified for credit forpreventive imprisonment pursuant to Article 29 ofthis Code, or of any convicted prisoner in anypenal institution, rehabilitation or detention center
or any other local jail shall entitle him to thefollowing deductions from the period of hissentence:
1. During the first two years of imprisonment, he
shall be allowed a deduction of twenty days foreach month of good behavior during detention;
2. During the third to the fifth year, inclusive, ofhis imprisonment, he shall be allowed a reductionof twenty-three days for each month of good
behavior during detention;
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3. During the following years until the tenth year,
inclusive, of his imprisonment, he shall be
allowed a deduction of twenty-five daysfor
each month of good behavior during detention; 4. During the eleventh and successive years of
his imprisonment, he shall be allowed a
deduction of thirty daysfor each month of good
behavior during detention; and 5. At any time during the period of imprisonment,
he shall be allowed another deduction of fifteen
days, in addition to numbers one to four hereof,
for each month of study, teaching or mentoringservice time rendered.
An appeal by the accused shall not deprive
him of entitlement to the above allowances for
good conduct.
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First two years 20 DAYS REDUCTION FOR EACHMONTH OF GOOD BEHAVIOR
2 years = 24 months = 730 days30 days = 1 month
30 (days)- 20 (days deducted)__________
10 daysx 24 (months for two years)
___________240 days (total serving sentence for the first two
years)
730 days (days for 2 years)
- 240 days (total days deducted from 2 years)___________
490 days
convert the 490 days: 1 year, 4 months, and 5 days
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Third to Fifth year 23 DAYS DEDUCTIONFOR EACH MONTH OF GOOD BEHAVIOR
3rd to 5thyear = 3 years = 36 months
30 days 36 months- 23 days x 7 days
________ ___________7 days 252 days (total serving
sentence)
3 years = 1095 days- 252 days
___________843 days
convert: 2 years, 3 months, 23 days
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Following years until the tenth year 25 DAYSDEDUCTION FOR EACH MONTH-presumably the 6thyear until the 10thyear6thyear 10thyear = 4 years = 48 months =
1460 days
30 days 48 months- 25 days x 5 days_________ ____________
5 days 240 days (total servingsentence)
1460 days- 240 days___________
1220 days (remaining sentence)convert: 3 years, 4 months, 5 days
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For the 11thand successive years of
imprisonment 30 DAYS DEUCTION
FOR EACH MONTH OF GOOD
BEHAVIOR - ????????????
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Section 4. which amended Article
98, RPC, is now to read as:ART. 98. Special time allowance for loyalty.A
deduction of one fifth of the period of his sentence shallbe granted to any prisoner who, having evaded hispreventive imprisonment or the service of his sentenceunder the circumstances mentioned in Article 158 of thisCode, gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing thepassing away of the calamity or catastrophe referred to insaid article. A deduction of two-fifths of the period ofhis sentence shall be granted in case said prisonerchose to stay in the place of his confinementnotwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.
This Article shall apply to any prisoner whetherundergoing preventive imprisonment or servingsentence.
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Section 5. which amended Article
99, RPC, is now to read as:
"ART. 99. Who grants time
allowances.Whenever lawfully
justified, the Director of the Bureau
of Corrections, the Chief of theBureau of Jail Management and
Penology and/or the Warden of a
provincial, district, municipal or cityjail shall grant allowances for good
conduct. Such allowances once
granted shall not be revoked.
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SEC. 7. Implementing Rules and
Regulations.
The Secretary of the Department of
Justice (DOJ) and the Secretary of the
Department of the Interior and Local
Government (DILG) shall within sixty(60) days from the approval of this Act,
promulgate rules and regulations on the
classification system for good conductand time allowances, as may be
necessary, to implement the provisions
of this Act.
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SEC. 8. Separability Clause.If any parthereof is held invalid or
unconstitutional, the remainder of theprovisions not otherwise affected shallremain valid and subsisting.
SEC. 9. Repealing Clause.
Any law,presidential decree or issuance,executive order, letter of instruction,administrative order, rule or regulation
contrary to or inconsistent with theprovisions of this Act is herebyrepealed, modified or amendedaccordingly.
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SEC. 10. Effectivity Clause.This Act
shall take effect fifteen (15) days
from its publication in the OfficialGazetteor in at least two (2) new
papers of general circulation.
Published on May 29, 2013
July 15, 2013 (when it took effect)