RECEIVED
SEP 17 2019

RepublicofthePhilippines
HouseofRepresentatives
QuezonCity, Metro Manila

EIGHTEENTHCONGRESS
FirsRepularSesgiog

HouseBillNo..

IntroducedbyHON. VICENTE S.E. VELOSO IIT

EXPLANATORYNOTE

Act No, 3815 or the Revised Penal Code was approved on October 12, 1930 when
the country was still under the American rule. Since its approval, it has undergone
amendments, One of the recent amendments is Republic Act No. 10592 entitled “An Act
‘Amending Articles 29, 94, 97, 98 and 99 of Act No. 3815, otherwise known as the Revised
Penal Code”, which was approved on May 29, 2013 under the administration of then
President Benigno S.E. Aquino III.

The intention of the amendment was to serve what is right and just. The
amendment increased for qualified inmates the benefits of Good Conduct Time
Allowance (GCTA), Time Allowance for Study, Teaching and Mentoring (TASTM),
AND Special Time Allowance for Loyalty (STAL). Relatedly, the Supreme Court (SC)
‘on June 25, 2019, in its decision in G.R. No. 212719,declared invalid Section 4, Rule 1 of
the Implementing Rules and Regulations (IRR) of RA 10592 insofar as the IRR provided
for prospective application of the GCTA, TASTM, and STAL, and called for the
application of Article 22 of the Revised Penal Code on the retroactive effect of penal
laws.

Dueto the erroneous application of the amendment, and in light of the SC ruling,
more than 2,000 convicts of heinous crimes,including former Calauan Mayor Antonio
Sanchez, have been released from prison.

The State is under obligation to ensure that convicted felons fully serve their
sentence. This representation proposes to exclude from the benefits of rehabilitative and
restorative justice escapees, rescidivists and habitual delinquentsof grave felonies, and
persons convicted twice or more times of a crime punishable by reclusion perpetua. Thus,
person twice convicted of a petty crime of theft for stealing canned goods for the first
time, and clothing for the second time, should not be excluded from the benefit of Good
Conduct Time Allowance even if the person is a recidivist.

In view of the foregoing, passage of this bill is earnestly sought.

VICENTE S.E. VELOSO IIL


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RepublicofthePhilippines

HouseofRepresentatives
QuezonCity, Metro Manila

EIGHTEENTHCONGRESS
FirstRegularSession

HouseBillNo., 4628

IntroducedbyHON. VICENTE S.E. VELOSO III

AN ACT RATIONALIZING THE GRANT OF GOOD CONDUCT
ALLOWANCES, AMENDING FOR THE PURPOSE ARTICLES29, 97 AND 99
OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION I. 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—reeidivists—er] have been convicted
previously twice or more of any crimef;-and|PUNISHABLE BY
RECLUSION PERPETUA;

2.When upon being summoned for the execution of their
sentence they have failed to surrender voluntarily|:]; AND

3. WHEN THEY ARE ESCAPEES, RECIDIVISTS OR
HABITUAL DELINQUENTS OF GRAVE FELONIES AS
DEFINED UNDER ARTICLE 9 OF THIS CODE.


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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 motuproprio order the re-arrest of the
accused,|-Provided—finally-That_reeidivistshabitual_delinguents;

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.”

Sec.2. Article 97 of Act No. 3815, as amended, otherwise known as the
Revised Penal Code, is hereby further amended to read as follows:

“Art. 97. Allowance for good conduct. —UNLESS THE
OFFENDER IS AN ESCAPEE, A RECIDIVIST OR
HABITUAL DELINQUENT OF GRAVE FELONIES AS
DEFINED IN ARTICLE 9 OF THIS ACT, [FheJHIS good
conduct [ofany—offender—qualified—for—eredit—for—preventive
imprisonment_pursuant te Article 29 of this Code or ef any.

centeror-any-otherteeal 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|FIVE (5)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]TEN (10)days for
each month of good behavior during detention;

3. During the following years until the tenth year, inclusive, of his
imprisonment, he shali be allowed a deduction of [twenty-


five]FIFTEEN (15)days for 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-days|TWENTY (20)days for
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 mentoring
service time rendered.

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

Sec.3. Article 99 of Act No. 3815, as amended, otherwise known as the
Revised Penal Code, is hereby further amended to read as follows:

“Art. 99. Who grants time allowances. —{Whenever—tawfully
justified THE COURT THAT RENDERED JUDGMENT IN
THE CRIMINAL CASE,upon recommendation of the Director of
the Bureau of Corrections, 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.UNLESS
UNLAWFULLY GRANTED, [SJsuch allowances, once granted
shall not be revoked.

Sec. 4.-Withinninety (90) days after the effectivity of this Act, the Supreme
Court shall promulgate the rules and regulations necessary to implement the
provisions of this Act.

Sec. 5.- If any part hereof is held invalid or unconstitutional, the remainder of
the provisions not otherwise effected shall remain valid and subsisting.

Sec. 6.- 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.

Sec.7-This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,