FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1295-
INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
Before a person is convicted and if he cannot afford bailor if his criminal 
case is one which is not bailable under the law, he undergoes preventive 
imprisonment. The present law provides that one must voluntarily agree in writing 
that he will abide by the same disciplinary rules imposed upon convicted 
prisoners and the same disciplinary rules imposed upon convicted prisoners and 
if no such written agreement is made, he will only be entitled to four-fifths of the 
period of detention. Review of many cases of prisoners show that this written 
agreement is often not completed for many reasons: (a) the apprehending 
officers do not know this prov.ision of law or have no forms; (b) the prisoner 
himself is not aware of the requirement; or (c) neglect on the part of the prison 
officials such that the written agreement may be lost or misplaced. It has been 
the considered view of the Board of Pardons and Parole who review the cases of 
prisoners that the legal requirement should be reversed. The prisoner should be 
entitled in full for preventive imprisonment, except in cases specifically provided 
by law, without any written agreement. Only if he does not agree to abide with 
such rules, should be required to do so in writing and then he shall be entitled to 
only four-fifths of the period of detention. 
Thus measure seeks to correct this wrong procedure and thus gives the 
offender full credit for his preventive imprisonment as the general rule without 
any written agreement. 
Another case of injustice is when a prisoner has undergone preventive 
imprisonment for the possible maximum imprisonment of the offenses charged 
and he is not released. A paragraph under Article 29 by virtue of Batas 
Pambansa Big. 85 corrects this injustice. However, the amendment needs further 
refinement. The offender under detention should not undergo detention more 
than such maximum, it should be equal to the possible maximum imprisonment. 
Moreover, since if the prisoner were to be convicted, he would enjoy good 
conduct time allowance for actual period of detention, then the computation for 
purposes of immediate release should be the actual period of detention plus 
good conduct time allowance = maximum possible imprisonment. It is unjust to 
unduly delay the proceedings of a person already under detention. He should be 
given every possible opportunity to enjoy the benefit of law. If good conduct time 
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allowance is granted to convicted prisoners, this benefit should also be extended 
to the detention prisoner under Article 29 as amended by Batas Pambansa Big. 
85. 
Every day that a prisoner stays in prison when he should have been 
released is justice delayed and denied. Approval of this measure is urgently 
requested. 
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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1295-
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
AMENDING ARTICLE 29 OF ACT NO. 3815, AS AMENDED, THE REVISED 
PENAL CODE, IN ORDER TO GIVE OFFENDERS THE FULLEST BENEFIT 
OF PREVENTIVE IMPRISONMENT AND FOR OTHER PUPOSES 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Article 29 of Act No.3815, as amended, the Revised Penal 
Code, is hereby further amended to read as follows: 
"ART. 29. Period of Preventive Imprisonment deducted from 
term of imprisonment. - Offenders 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. 
If the detention prisoner does not agree to abide by the 
same disciplinary rules imposed upon convicted prisoners, he shall 
DO SO IN WRITING AND 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 
sentence 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, the same is under review. 
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COMPUTATION 
OF 
PREVENTIVE 
IMPRISONMENT 
FOR 
PURPOSES 
OF 
IMMEDIATE 
RELEASE 
UNDER 
THIS 
PARAGRAPH, SHALL BE THE ACTUAL PERIOD OF DETENTION 
WITH GOOD MORAL CONDUCT TIME ALLOWANCE ... [,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. 
CREDIT FOR PREVENTIVE IMPRISONMENT FOR A 
PENALTY OF RECLUSION PERPETUA SHALL BE DEDUCTED 
FROM THIRTY (30) YEARS." 
SECTION 2. This Act shall take effect upon completion of its publication in 
at least two (2) national newspapers of general circulation. 
Approved, 
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