THIRTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
OF THE PHILIPPINE 
S E N A T  
Introduced by Senator S. R. Osmefia 111 
EXPLANATORY NOTE 
Preventive imprisonment is the period of detention undergone by an accused 
where the crime with which he is charged is non-bailable, or even if bailable, he is 
unable to post the requisite bail. 
The rules on preventive imprisonment in Article 29 of the Revised penal Code 
apply to all sentences regardless of the duration thereof as long as they involve 
deprivation of liberties. Full time or four-fifths of the period of preventive imprisonment 
shall be credited to the prisoner depending on whether or not he agreed voluntarily in 
writing to abide by the same disciplinary rules imposed upon convicted prisoners. 
The provision enumerates those who are denied the benefits of the rules on 
This bill increases the number of those who are denied 
preventive imprisonment. 
such benefits by including escapees or those charged with heinous crimes. 
Moreover, this bill provides for the immediate release of an accused who have 
undergone preventive imprisonment for a period equal to or more than the possible 
minimum (rather than maximum) imprisonment of the offense charged to which he 
may be sentenced and his case is not yet terminated. This is without prejudice to the 
continuation of the trial thereof or the proceeding on appeal, if the same is under 
review. 
In view of the foregoing, passage of this bill is earnestly requested. 
SERGIO QSMENA 111 
Senator 
labe 


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THIRTEENTH CONGRESS OF THE REPUBLIC 
*(I4 J’lik/ 30 p4 :yj 
OF THE PHILIPPINE 
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First Regular Session 
b 
SENATE 
. No. 
Introduced by Senator S. R. Osmefia 111 
AN ACT 
AMENDING 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: 
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SECTION 1. Article 29 of Act No. 381 5, as amended, otherwise known as 
the Revised Penal Code, is hereby further amended to read as follows: 
“ARTICLE 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 E, except in the following cases: 
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When they are recidivists, or have been convicted 
previously twice or more times of any crime; and 
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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 be credited 
in the service of his sentence with four-fifths of the time 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] MINIMUM 
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; PROVIDED, HOWEVER, THAT IF 
THE ACCUSED IS ABSENT WITHOUT JUSTIFIABLE CAUSE AT ANY 
STAGE OF THE TRIAL, THE COURT MAY MOTU PROPRIO ORDER 
THE RE-ARREST OF THE ACCUSED. 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. 
THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO 
DETENTION PRISONERS: 
(1) WHO HAVE BEEN CONVICTED PREVIOUSLY TWICE OR 
MORE TIMES OF ANY CRIME, OR ARE RESCIDIVISTS, ESCAPEES 
OR CHARGED WITH HEINOUS CRIMES; OR” 
(2) WHO FAILED TO SURRENDER VOLUNTARILY UPON 
BEING SUMMONED FOR THE EXECUTION OF THEIR SENTENCE. 
SEC. 2. All laws, decrees, executive orders, rules and regulations, or 
parts hereof inconsistent with the provision of this Act are hereby repealed, 
amended or modified accordingly. 
SEC. 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 
whichever comes earlier. 
Approved, 
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