Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No,__ 4822

Introduced by: REPRESENTATIVE JONATHAN KEITH T. FLORES

EXPLANATORY NOTE

Good Conduct Time Allowance (GTCA) is defined as the “privilege granted
to a Person Deprived of Liberty (PDL), entitling him/her to a reduction of prison
term for every month of actual detention or service of sentence as a reward for
good conduct and exemplary behavior.” This definition is from the Uniform
Manual of Time Allowances and Service of Sentence which was crafted by the
Joint DOJ-DILG Committee and was first published on December 1, 2017. This
Manual was created pursuant to the enactment of the Republic Act No. 10592
in May 29, 2013 which amended Articles 29, 94, 97, 98 and 99 of the Revised
Penal Code (Act No. 3815).

The law recognizes that the judicious use of good time is an immediate
and promising way to accelerate inmate release and alleviate prison
overcrowding. The accumulation of good time credits can affect time served
either by shortening the length of sentence to be served or by advancing the
date when inmates become eligible for parole consideration. Good conduct time
allowance or GCTA is earned through his demeanor while serving time in the
prison system. It is something that is immediately reflected on his prison record
as a tentative computation on the timeline of his incarceration. Barring any
unfortunate incident, the prisoner deserves his freedom in a period of time,
which is not according to the actual calendar date but rather on the legal
correctional timetable.

RA 10592 amended the certain provisions in the Revised Penal Code
which increased the allowable deduction from the prison sentence to qualified
inmates thereby accelerating their prison sentence calendar.


The important amendments under RA 10592, among others, are as
follows:

1,) It expanded the application of the good conduct time allowance for prisoners
even during preventive imprisonment.

2.) It increased the number of days that may be credited for good conduct time
allowance.

3.) It allowed additional deduction of 15 days for each month of study, teaching,
or mentoring service.

4.) It expanded the special time allowance for loyalty and made it applicable
even during preventive imprisonment.

The past weeks however have stirred a great deal of debate on R.A. 10592
particularly in regard to its application to those convicted of heinous crimes.
This is largely due to the numerous reports on the alleged impending release of
those convicted of heinous crimes and serving multiple life sentences. Case in
point is that of Mayor Antonio Sanchez, who was convicted of several counts of
Rape and Murder. Questions were raised as to how a felon like Sanchez whose
bestial act the Supreme Court described as something “only the unthinking
beast can orchestrate” can qualify for release under the law. Questions were
also raised as 1 to the “good conduct” of the former Mayor when it has been
documented and proven that he was found, on multiple occasions, in possession
of large amounts of shabu and marijuana. He was also living luxuriously in prison
with the comforts of an air-conditioning unit, flat screen TV and cellphone. Even
to this day, he maintains his innocence of the crime for which he was convicted.
Thus, the debate as to whether those convicted of heinous crimes are entitled
to Good Time Conduct Allowance.

Those favor of release of persons convicted of heinous crimes argue that
these people are entitled deduction from their prison sentence their good
conduct points. As Section 3 of RA 10592, which amended Article 97 of the
Revised Penal Code and provided for an increased computation of allowable
deduction for good conduct does not mention anything about persons convicted
of heinous crimes, it is argued that its application should benefit all offenders
including those convicted of heinous crimes.


This interpretation of the application of the Allowance for Good is NOT
correct. A cursory reading of Section 3 would readily reveal that the exclusion
contained in Section 1of RA 10592 is carried in the application of the GCTA. The
first line of Section 3 reads “The good conduct of any offender qualified for
credit for preventive imprisonment pursuant to Article 29 of this Code...” There
is no ambiguity here as this means that an offender who is qualified for credit
for preventive imprisonment under Article 29 (Section 1) is also qualified to avail
of the increased computation for GCTA. By necessary implication, those who
are NOT qualified to avail of credit for preventive suspension i.e. those
“recidivists, habitual delinquents, escapees and persons charged with heinous
crimes are excluded” and therefore NOT QUALIFIED to avail of the allowance of
good time. As stated, this provision is clearly unambiguous and does not need
any further interpretation.

At any rate, and in order to remove any doubt as to the disqualification of
recidivists, habitual delinquents, escapees and persons charged with heinous
crimes to avail of Good Conduct Time Allowance, this bill seeks to amend
further Article 97 of the Revised Penal Code so that the exclusion and
disqualification of persons convicted of heinous crimes shall become explicit.

Accordingly, support for this bill is highly encouraged.

JONAPAA NT. FLORES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

4822
HOUSE BILL

Introduced by REPRESENTATIVE JONATHAN KEITH T. FLORES

AN ACT
FURTHER AMENDING ARTICLE 97 OF THE REVISED PENAL CODE TO EXCLUDE
PERSONS CONVICTED OF HEINOUS CRIMES FROM THE APPLICATION OF
GOOD CONDUCT TIME ALLOWANCE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Article 94 of the Revised Penal Code is hereby amended to
read as follows:

“Art. 94. Partial Extinction of Criminal Liability. — Criminal liability is
extinguished partially:

4. By conditional pardon;
2. By commutation of the sentence; and

id For good conduct allowances which the culprit may earn while
serving his sentence PROVIDED THAT HE IS NOT A_RECIDIVIST, A
HABITUAL DELIQUENT, AN ESCAPEE AND/OR_ A
PERSONSCHARGED WITH HEINOUS CRIMES.”

Section 2. Article 97 of the same Act is hereby further amended to read as
follows:


“ART. 97. Allowance for good conduct.— UNLESS OTHERWISE

EXCLUDED UNDER ARTICLE 94 OF THIS CODE, 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:

Section 3.
follows:

"1. During the first two years of imprisonment, he shall be
allowed a deduction of twenty 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 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 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 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.”

Article 99 of the Revised Penal Code is further amended to read as

"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
NO RELEASE ORDER ON THE BASIS OF ANY COMMUTED SENTENCE
SHALL BE VALID UNLESS APPROVED BY THE PRESIDENT BASED
UPON THE RECOMMENDATION OF THE DIRECTOR OF BUREAU OF
CORRECTIONS OR THE CHIEF OF THE BUREAU OF JAIL
MANAGEMENT AND PENOLOGY.

Section 4. Penal Clause. — The penalty of one (1) year imprisonment, a fine of
One hundred thousand pesos (P100,000.00) and perpetual disqualification to
hold office shall be imposed against any public officer or employee who violates
the provisions of this Act.

Section 5. implementing Rules and Regulations.— The Secretary of the
Department of Justice (DOJ) and the Secretary of the Department of the Interior
and Local Government (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 6.Separability Clause.— \f any part hereof is held invalid or
unconstitutional, the remainder of the provisions not otherwise affected shall
remain valid and subsisting.

Section 7. 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 8. 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,