EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
S.B. No.
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•19 SEP-2 P4 56
Introduced by Sen. Juan Miguel F. Zubiri
AN ACT
AMENDING ARTICLES 97 AND 99 OF ACT NO. 3815, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE
EXPLANATORY NOTE
The intention of the amendatory measure is to specifically make convicts of 
heinous crimes particularly those who committed murder, drug trafficking, kidnap for 
ransom and other highly dangerous crimes exempted from the benefits of Good Conduct 
Time Allowance Law (GCTA). Also, the current law provides that the determination of 
GCTA and approval rest solely on the Director General of the Bureau of Corrections 
(BuCor) and Jail Director of the Bureau of Jail Management and Penology (BJMP) as the 
case maybe. This is subject to abuse of discretion and authority, there is no other layer 
who will review this decision of the BuCor Director General and Jail Director of BJMP. 
This bill also addresses this significant flaw in the law by having a provision wherein the 
BuCor Director General and Jail Director of BJMP only recommends the granting of GCTA 
to the Secretary of Justice and Secretary of Interior and Local Government, respectively, 
and approval lies with the above mentioned Department Secretaries.
It is our submission that these convicts are too dangerous to be released back in 
the streets, placing the families of their victims as well as the individuals who testified 
against them in extreme danger. We cannot fathom a situation where a dangerous 
criminal will just pretend to be of good behavior for the required period of time in order 
to qualify for the benefits of the GCTA law, and then afterwards, with his/her release, 
he/she will get back at those who sent him to jail. That kind of situation will only invite a 
scenario where victims and witnesses will think twice to pursue a case and fight for the 
conviction of a culprit. Let us give the victims and their families an assurance that a safe 
and secured society is in place through enacted laws protecting them even after 
conviction of the culprits.
A clearly defined law stating that there will be no extinction of criminal liability 
under the GCTA law for those convicted of heinous crimes as defined by law and/or those 
who were imposed of capital punishment and violation of RA 9165 or the Dangerous 
Drugs Act will ensure that another "Mayor Sanchez Controversy," wherein the former 
Mayor who was convicted of seven terms of reclusion perpetua by the Pasig Regional 
Trial Court Branch 70 in 1995 for the rape and murder of Eileen Sarmenta and the murder


of her boyfriend, Allan Gomez was even considered to benefit from the GCTA law, will 
not happen again.
In view of the foregoing, approval of this bill is earnestly sought.
GUEL F. ZUBIRI


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
of liK S>i rrrtnrp
'19 
SEP-2 P4S6
Introduced by Sen. Juan Miguel F. Zubiri
AN ACT
AMENDING ARTICLES 97 AND 99 OF ACT NO. 3815, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE
1 
Be it enacted by the Senate and House o f Representatives o f the Philippines in Congress
2 
assembled:
3 
Section 1. Article 97 of Act 3815, as amended, otherwise known as the Revised Penal
4 
Code, is hereby further amended to read as follows:
5 
"ART. 97. Allowance for good conduct. -  The good conduct of any offender
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qualified for credit for preventive imprisonment pursuant to Article 29 of this Code,
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or of any convicted prisoner in any penal institution, rehabilitation or detention
8 
center or any other local jail shall entitle him to the following deductions from the
9 
period of his sentence:
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"1. During the first two years of imprisonment, he shall be allowed a
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deduction of twenty days for each month of good behavior during
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detention;
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"2. During the third to the fifth year, inclusive, of his imprisonment, he shall
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be allowed a reduction of twenty-three days for each month of good
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behavior during detention;
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"3. During the following years until the tenth year, inclusive, of his
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imprisonment, he shall be allowed a deduction of twenty-five days for each
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month of good behavior during detention;
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"4. During the eleventh and successive years of his imprisonment, he shall
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be allowed a deduction of thirty days for each month of good behavior
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during detention; and
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"5. At any time during the period of imprisonment, he shall be allowed
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another deduction of fifteen days, in addition to numbers one to four hereof,
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for each month of study, teaching or mentoring service time rendered.
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"An appeal by the accused shall not deprive him of entitlement to the above
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allowances for good conduct."
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"ART. 97-A. EXCEPTION TO ALLOWANCE FOR GOOD CONDUCT. -  THE
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PROVISIONS CONTAINED IN ARTICLE 97, OF THIS CODE SHALL NOT BE


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2
3
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5
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APPLICABLE TO THOSE CONVICTED OF HEINOUS CRIMES, SUCH AS 
MURDER, 
RAPE, 
ROBBERY WITH 
VIOLENCE OR INTIM IDATION, 
KIDNAPPING 
WITH 
SERIOUS 
ILLEGAL 
DETENTION, 
PARRICIDE, 
DESTRUCTIVE ARSON AND OTHER 
HEINOUS CRIMES AS DEFINED 
UNDER REPUBLIC ACT NO. 7659, AND/OR THOSE METED OUT WITH 
CAPITAL PUNISHMENT, AND VIOLATIONS OF REPUBLIC ACT NO. 9165 
OR THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002".
8 
Section 2. Article 99 of the same Act is hereby further amended to read as follows:
9 
"ART. 99. Who grants time allowances. -  Whenever lawfully justified, the Director
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of the Bureau of Corrections, the Chief of the Bureau of Jail Management and
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Penology and/or the Warden of a provincial, district, municipal or city jail shall
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RECOMMEND grant allowances for good 
conduct, 
SUBJECT TO THE
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APPROVAL OF THE SECRETARY OF DEPARTMENT OF JUSTICE AND
14 
SECRETARY 
OF 
THE 
DEPARTMENT 
OF 
INTERIOR 
AND 
LOCAL
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GOVERNMENT, AS THE CASE MAY BE. [Such allowances once granted shall
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not be revoked]."
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Section 3. Pena! Clause. -  Faithful compliance with the provisions of this Act is hereby
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mandated. As such, the penalty of one (1) year imprisonment, a fine of One hundred
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thousand pesos (P100,000.00) and perpetual disqualification to hold office shall be
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imposed against any public officer or employee who violates the provisions of this Act.
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Section 4. Implementing Rules and Regulations. -  The Secretary of the Department of
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Justice (DOJ) and the Secretary of the Department of the Interior and Local Government
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(DILG) shall within sixty (60) days from the approval of this Act, promulgate rules and
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regulations on the classification system for good conduct and time allowances, as may
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be necessary, to implement the provisions of this Act.
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Section 5. Separability Clause. -  If any part hereof is held invalid or unconstitutional,
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the remainder of the provisions not otherwise affected shall remain valid and subsisting.
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Section 6. Repealing Clause. -  Any law, presidential decree or issuance, executive order,
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letter of instruction, administrative order, rule or regulation contrary to or inconsistent
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with the provisions of this Act is hereby repealed, modified or amended accordingly.
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Section 7. Effectivity Clause. -  This Act shall take effect fifteen (15) days from its
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publication in the Official Gazette or in at least two (2) new papers of general circulation.
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Approved,