EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
4964

House Bill No.

EXPLANATORY NOTE
‘When the House Bill which was enacted into Republic Act 10592 was filed in the
House of Representatives, it was only focused on granting prisoners the fullest benefits of
preventive imprisonment. Further, the House Bill made it clear that recidivists, habitual

delinquents, escapees and persons charged with heinous crimes are excluded from the
coverage of the proposed law.

However, the law, as passed, already included provisions on good conduct which
provided very generous terms for prisoners.

While the law is clear, there are some unscrupulous individuals who interpreted the
law in a different manner and purposely caused confusion for their own personal gains.

There is also @ need to make the process under this Act transparent.

There is a further need for the Secretary of Justice to approve the applications of
prisoners metegLout the penalty of reclusion perpetua or life imprisonment or high risk
inmates.

In view of the foregoing, immediate passage of this measure is eamestly requested,

RUFUS B. Ri IGUEZ


EIGHTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
4964

House Bill No.

AN ACT
AMENDING REPUBLIC ACT NO. 10592 ENTITLED “AN ACT AMENDING ARTICLES 29,
94, 97, 988 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 1. Section 1 of Republic Act No. 10592 is hereby amended to read as follows:

Section 1. 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 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 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 motu proprio order the rearrest of the accused. [: Provided,
finally, That. recidivists, habitual delinquents, escapees and persons
charged with heinous crimes are excluded from 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."

SECTION 2. Section 3 of Republic Act No. 10592 is hereby amended to read as follows:

Section 3. Article 97 of the same Act is hereby further amended to read
as follows:

"ART. 97. Allowance for good conduct.— The good conduct of any
offender qualified for credit for preventive imprisonment pursuant to
Article 29 of this Code, or of any convicted prisoner in any penal
institution, rehabilitation or detention center or any other local jail shall
entitle him to the following deductions from the period of his sentence:

"4. During the first two years of imprisonment, he shall be allowed a
deduction of [twenty] EIGHT 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 reduction of [twenty-three] TEN days for each month of
good behavior during detention;

"3, During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of [twenty-five] TWELVE
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] FIFTEEN 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."

SECTION 3. Section 4 of Republic Act No. 10592 is hereby deleted.

SECTION 4. Section 5 of Republic Act No. 10592 is hereby amended to read as follows:

Section 5. Article 99 of the same Act is hereby further amended to read

as follows:"
"ART. 99. Who grants time allowances. — Whenever lawfully justified, the
Director of the Bureau of Corrections, the 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. [Such
allowances once granted shall not be revoked]. THE SAID AUTHORITY
TO GRANT ALLOWANCES FOR GOOD CONDUCT OR TO RELEASE
PRISONERS SHALL NOT APPLY TO PRISONERS/INMATES
SENTENCED TO LIFE IMPRISONMENT OR RECLUSION PERPETUA
OR HIGH RISK INMATES, WHOSE RELEASE DUE TO EXPIRED
SENTENCES SHALL ONLY BE IMPLEMENTED UPON PRIOR
APPROVAL OF THE SECRETARY OF JUSTICE.

SECTION 5. Section 6 of Republic Act No. 10592 is hereby amended to read as follows:

Section 6. Penal Clause. Faithful compliance with the provisions of this
Act is hereby mandated. As such, the penalty of two (2) years
imprisonment, a fine of [One hundred thousand pesos (P100,000.00)]
FIVE HUNDRED THOUSAND PESOS (PHP 500,000.00) and perpetual
disqualification to hold office shall be imposed against any public officer
‘or employee [who violates] FOR EACH VIOLATION OF the provisions of
this Act.

‘SECTION 6. A new Section 7 is hereby inserted to read as follows
SECTION 7. RECIDIVISTS, HABITUAL DELINQUENTS, ESCAPEES
AND PERSONS CHARGED WITH HEINOUS CRIMES ARE EXCLUDED
FROM THE COVERAGE OF THIS ACT. PERSONS DEPRIVED OF
LIBERTY WHO ARE GIVEN GOOD CONDUCT ALLOWANCE SHALL
FORFEIT THE SAME IF HE/SHE COMMITS ANY CRIME, VIOLATIONS
OF PRISON RULES OR ANY MISCONDUCT.

SECTION 7. Publication — The names of persons who apply for the benefits of the provisions
of this Act shall be published in two (2) newspapers of general circulation before their
application shall be considered. The victim/s’ families and the community shall be allowed to
file their opposition which shall be seriously taken into consideration in the resolution of the
application for the benefits of the provisions of this Act. Further, the decisions on the
applications for the benefits of the provisions of this Act shall also be published in two (2)
newspapers of general circulation before said decisions shall be implemented.

SECTION 8. A representative of a Non-Government Organization engaged jin crime
prevention as determined by the Secretary of Justice shall be included as member of the
Management, Screening and Evaluation Committee (MSEC) created pursuant to the
Implementing Rules and Regulations of Republic Act 10592.

SECTION 9. The provisions/sections of Republic Act No. 10592 are renumbered
accordingly,

SECTION 10. Implementing Rules and Regulations. - The Secretary of the Department of
Justice (DOJ) and the Secretary of the Department of the Interior and Local Goverment
(DILG) shall within sixty (60) days from the approval of this Act, promulgate rules and
regulations on the classification system for good conduct and time allowances, as may be
necessary, to implement the provisions of this Act.

SECTION 11. Separability Clause. - If any part hereof is held invalid or unconstitutional, the
remainder of the provisions not otherwise affected shall remain valid and subsisting.


SECTION 12. 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.

SECTION 13. Effectivity Clause. This Act shall take effect fifteen (15) days from its
Publication in the Official Gazette or in at least two (2) new papers of general circulation,

Approved,