REPUBLIC ACT 10592.pptx

8/14/2019 REPUBLIC ACT 10592.pptx

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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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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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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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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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"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)

Documents

REPUBLIC ACT 10592.pptx