THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
) 
First Regular Session 
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Introduced by SENATOR EDCARDO J. ANCARA 
EXPLANATORY NOTE 
Our present penal law provides that in instances where a person is convicted 
of a non-bailable offense or he is convicted of a bailable offense but cannot afford 
bail, he shall undergo preventive imprisonment. Once entitled to preventive 
imprisonment, he must voluntarily agree in writing that he will abide by the same 
disciplinary rules imposed upon convicted prisoners. Otherwise, if no such written 
agreement is made, he will only be entitled to four-fifths of the period of detention. 
A review of many cases of prisoners show that this written agreement is often 
not completed for many reasons, either: a) the apprehending officers do not know 
this provision of law or have no forms; or b) the prisoner himself is not aware of the 
requirement; or c) neglect on the part of the prison officials as when the written 
agreement is lost or misplaced. 
No less than the Board of Pardons and Parole who review the cases of 
prisoners is of the view 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. This measure seeks to correct this 
iniquitous procedure and thus gives the offender full credit for his preventive 
imprisonment as the general rule without any written agreement. If and when he 
does not agree to abide with said rules, should he be required to do so in writing 
and then be entitled to only four-fifths (415) of the period of detention. 
Another instance of inequity 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 BP Blg. 85 corrects this 
injustice. This amendment, however, needs further refinement. The offender under 
detention should not undergo detention more than the maximum, instead it should 
be equal to the possible maximum imprisonment. Moreover, since the prisoner, if 
he were to be convicted, 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 as the 
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 benefits of the law. If good conduct time allowance is granted to 
convicted prisoners, this benefit should also be extended to the detention prisoner 
under Article 29, as amended by BP Blg. 85. 
In view of the foregoing, approval of this measure is earnestly sought. 
EDCARD J f i  
J. ANCARA 


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THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Firsf Regular Session 
) 
Introduced by SENATOR EDGARDO J. ANGARA 
AN ACT GIVING OFFENDERS THE FULLEST BENEFIT OF PREVENTIVE 
IMPRISONMENT, AMENDING FOR THE PURPOSE ARTICLE 29 OF REPUBLIC 
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL 
CODE, AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and House of Representatives of the Philippines 
in Congress assembled: 
Section 1. Article 29, Chapter Three, Title 3, Book 1 of Republic Act No. 
381 5, as amended, otherwise known as the Revised Penal Code, is hereby 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] to abide by the same disciplinary rules imposed upon convicted 
prisoners, except in the following cases: 
1. When tliey are recidivists, or have been convicted previously twice or 
more tinies 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 
disciplinx, rules imposed upon convicted prisoners, he shall DO SO IN 
WRITIN(; AND SHALL be credited in the service of his sentence with four- 
fifths of i: ,.) iime during which he has undergone preventive imprisonment. 


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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 nay 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 is destierro, he shall be released after thirty (30) days of preventive 
imprisonment. 
"CREDIT FOR PREVENTIVE IMPRISONMENT FOR THE PENALTY OF 
RECLUSlON PERPEJUA SHALL BE DEDUCTED FROM THIRTY (30) 
YEARS." (As amended by R.A. No. 627, and further amended by E.O. No. 
214, July IO, 1987.) 
Section 2. 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. 
Section. 3. This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in at least two (2) newspapers of general circulation. 
Approved,