FOURTEENTH CONGRESS OF THE 
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First Regular Session 
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REPUBLIC OF THE PHILIPPINES 
S. B. NO. 8 7 8  
Introduced by SENATOR EDGARDO J. ANGARA 
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EXPLANATORYNOTE 
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 grisoners. 
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 (4/5) 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 L 


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. 
2-d /A 
RDGARDO J. ANGARA 
Senator 


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FOURTEENTH CONGRESS OF THE 
) 
First Regular Session 
) 
REPUBLIC OF THE PHILIPPINES 
) 
7 
JUL -3 k'5.43 
S E N A T E  
S. B. NO. __ 
878 
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. 3815, 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 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. 
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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 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 RECLUSION PERPETUA SHALL BE DEDUCTED 
FROM THIRTY (30) YEARS.” (As amended by R.A. No. 627, and 
further amended by E.O. No. 214, July 10,1987.) 
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, 
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