Amendments to Articles 29, 94, 97, 98 and 99 of Act No. 3815 (Revised Penal Code), as Amended

May 29, 2013

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

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, except in the following cases:

"1.     When they are recidivists, or have been convicted previously twice or more times of any crime; and

"2.     When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.

"If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall do so in writing with the assistance of a counsel and shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment.

"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30) years.

"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 released immediately 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 without justifiable cause at any stage of the trial, the court may motu proprio order the rearrest of the accused: Provided, finally,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 after thirty (30) days of preventive imprisonment."

SECTION 2.     Article 94 of the same Act is hereby further amended to read as follows: CEASaT

"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 is undergoing preventive imprisonment or serving his sentence."

SECTION 3.     Article 97 of the same Act is hereby further amended to read as follows:

"ART. 97.     Allowance for good conduct. — The good conduct of any offender qualified for credit for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail shall entitle him to the following deductions from the period of his sentence:

"1.     During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good behavior during detention;

"2.     During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of twenty-three days for each month of good behavior

"3.     During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of twenty-five days for each month of

"4.     During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days for each month of good behavior during

"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

"An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct."

SECTION 4.     Article 98 of the same Act is hereby further amended to read as follows:

"ART. 98.     Special time allowance for loyalty. — A deduction of one fifth of the period of his sentence shall be granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned in Article 158 of this Code, gives himself up to the authorities within 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 of the period of his sentence shall be granted in case said prisoner chose to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this Code.

"This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence."

SECTION 5.     Article 99 of the same Act is hereby further amended to read as follows: SCaDAE

"ART. 99.     Who grants time allowances. — Whenever lawfully justified, the Director of the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the Warden of a provincial, district, municipal or city jail shall grant allowances for good conduct. Such allowances once granted shall not be revoked."

SECTION 6.     Penal Clause. — Faithful compliance with the provisions of this Act is hereby mandated. As such, the penalty of one (1) year imprisonment, a fine of One hundred thousand pesos (P100,000.00) and perpetual disqualification to hold office shall be imposed against any public officer or employee who violates the provisions of this Act.

SECTION 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 conduct and time allowances, as may be necessary, to implement the provisions of this Act.

SECTION 8.     Separability Clause. — If any part hereof is held invalid or unconstitutional, the remainder of the provisions not otherwise affected shall remain valid and subsisting.

SECTION 9.     Repealing Clause. — Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

SECTION 10.     Effectivity Clause. — This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved: May 29, 2013.