Period of Preventive Imprisonment Deducted from Term of Imprisonment
Batas Pambansa Blg. 85, enacted on September 20, 1980, amends the Revised Penal Code to authorize the release of offenders or accused individuals who have undergone preventive imprisonment for a duration equal to or greater than the maximum possible sentence for their charged offense. These individuals can be credited with full time served during preventive imprisonment if they voluntarily agree to adhere to the same disciplinary rules as convicted prisoners, with certain exceptions for recidivists or those who fail to surrender for their sentence. If they do not agree to these rules, they will receive four-fifths credit for their time served. The law ensures that individuals are released immediately if their preventive imprisonment meets the specified criteria, even if their cases are still pending, barring certain legal orders.
Law Information
- Reference Number
- Batas Pambansa Blg. 85
- Date Enacted
- Category
- Statutes
- Subcategory
- Mga Batas Pambansa
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
September 20, 1980
BATAS PAMBANSA BLG. 85
AN ACT AUTHORIZING THE RELEASE OF ANY OFFENDER OR ACCUSED WHO HAS UNDERGONE PREVENTIVE IMPRISONMENT EQUAL TO OR MORE THAN THE POSSIBLE MAXIMUM IMPRISONMENT TO WHICH HE MAY BE SENTENCED BY AMENDING THE REVISED PENAL CODE
SECTION 1. Article twenty-nine of Public Act Numbered Thirty-eight hundred and fifteen, otherwise known as the Revised Penal Code, as amended by Republic Act Numbered Sixty-one hundred and twenty-seven, is further amended to read as follows: cd
"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 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. acd
"If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment.
"Whenever an accused has undergone preventive imprisonment for a period equal to or more than 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, unless he is detained by virtue of an arrest, search and seizure order (ASSO). 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. This Act shall take effect upon its approval.
Approved: September 20, 1980 cd i
Published in the Official Gazette, Vol. 76 No. 47 Page 8799 on November 24, 1980.
Cite This Law
Period of Preventive Imprisonment Deducted from Term of Imprisonment, Batas Pambansa Blg. 85, Sep 20, 1980 (Philippines)
Period of Preventive Imprisonment Deducted from Term of Imprisonment, Batas Pambansa Blg. 85 (Phil. 1980)
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