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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).
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.
one
PREVENTIVE
IMPRISONMENT
1. Preventive Imprisonment
- a temporary confinement in a correctional facility of a PDL, while undergoing
investigation or awaiting final judgment.
PREVENTIVE
APPLICATION
Full Credit - Those who have voluntarily signed a Detainee’s
Manifestation shall be entitled to receive full CPI.
PREVENTIVE
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.
PREVENTIVE
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.
PREVENTIVE
QUALIFICATION
PREVENTIVE
DISQUALIFICATION
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.
PREVENTIVE
EFFECTS OF
APPEAL
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.
PREVENTIVE
two
TIME ALLOWANCES
A. GOOD CONDUCT TIME ALLOWANCE (GCTA)
TIME ALLOWANCES
A. GOOD CONDUCT TIME ALLOWANCE (GCTA)
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.
Section 15. Commencement of Entitlement to
GCTA
DISQUALIFICATION
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.
DISQUALIFICATION
a. Recidivist;
b. Habitual Delinquent;
c. Escapee; and
d. Charged of heinous crimes.
TIME ALLOWANCES
CATEGORY 1
TIME ALLOWANCES
A. RECIDIVIST;
B. HABITUAL DELINQUENT;
C. ESCAPEE; AND
D. CHARGED OR CONVICTED OF HEINOUS CRIMES.