FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
s. No. 2374 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
Preventive imprisonment is imposed upon a person before he/she is 
convicted, if he/ she cannot afford bail, or if his/her criminal case is non-bailable. 
The Revised Penal Code provides that one must voluntary submit, in writing, to 
abide by the same disciplinary rules as those imposed upon convicted prisoners. 
Further, that if no such written agreement is made, the person will only be 
entitled to four-fifths of the period of detention. Additionally, there are instances 
where preventive imprisonment is imposed upon the offender for a period more 
than that of the maximum allowable for his/her offense. 
However, it is the view of entities that review the cases of prisoners -
specifically the Board of Pardons and Parole- that the legal requirement should 
be reversed. This bill thus seeks to correct this wrong procedure and thus give 
the offender full credit for his preventive imprisonment as the general rule and 
without any written agreement. 
This bill also enhances good conduct time 
allowance for time served while under preventive imprisonment. 
In the interest of justice, approval of this measure is urgently requested. 
FRANCIS G. ESCUDERO 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 2374 
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT . 
GIVING OFFENDERS THE FULLEST BENEFIT OF PREVENTIVE 
IMPRISONMENT, AMENDING FOR THE PURPOSE ARTICLE 
29 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS 
THE REVISED PENAL CODE 
Be it enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled: 
SECTION 1. Article 29, Chapter Three, Title 3, Book 1 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 of 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 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. In case the maximum 
penalty to which the accused may be sentenced in destierro, he shall be 
released after thirty (30) days preventive imprisonment. 
CREDIT FOR PREVENTIVE IMPRISONMENT FOR THE PENALTY 
OF RECLUSION PERPETUA SHALL BE DEDUCTED FROM THIRTY 
(30) YEARS. 
SEC. 2. 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 (10100,000.00) and perpetual disqualification to hold 


office shall be imposed against any public officer or employee who violates the 
provisions of this Act. 
SEC. 3. All laws, presidential decrees, executive orders, issuances, rules 
and regulations, or any part thereof, which are deemed inconsistent with the 
provisions of this Act, are hereby repealed or modified accordingly .. 
SEC. 4. Separability Clause. 
If any part hereof, is held invalid or 
unconstitutional, the remainder of the provision not otherwise affected shall 
remain valid and subSisting. 
SEC. 5. 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. 
SEC. 6. This Act shall take effect fifteen (15) days from its publication in 
the Official Gazette or at least two (2) newspapers of general circulation. 
Approved,