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

Eighteenth Congress
First Regular Session

HOUSE BILL NO. _ 5351

Introduced by Honorable Joaquin M. Chipeco, Jr.

EXPLANATORY NOTE

There is an urgent need to amend Republic Act No. 10592, or the
Good Conduct Time Allowance (GCTA) Law. Whether it was due to
corruption or an honest mistake in the interpretation or application of the
law, almost 2,000 inmates who apparently were not qualified were
prematurely released. This has led one observer to remark that the said
fiasco has resulted in the largest “mass jailbreak” in the history of our
prison system.

To remedy the situation, the Department of Justice (DoJ) and the
Department of Interior and Local Government (DILG) have come up with
an amended Implementing Rules and Regulations, to plug the loophole
under the law. However, it is axiomatic under the Philippine legal system
that IRRs could not amend or revise the statutes that they are supposed to
implement. If there is indeed vagueness or ambivalence in any law, the
solution is to file remedial or curative legislation. Any student of
Administrative Law is taught that IRRs could only initiate “interstitial”
legislation, that is, they could only provide rules governing the
“interstices” (or, the nooks and crannies) of the law, meaning that they
could not go against or beyond the substantive provisions of the statutes.

In view of the foregoing considerations, the early approval of this
bill is earnestly requested.

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can _SOAQUIN M. CHIPECO, JR.
Representative

(Lone District of Calamba City


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

Eighteenth Congress
First Regular Session

HOUSE BILL No, __5351

Introduced by Honorable Joaquin M. Chipeco, Jr.

AN ACT
FURTHER AMENDING ARTICLES 29, 97, 98 AND 99 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
Philippines in Congress assembled:

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:

“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 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:

|. When they are recidivists, or have been convicted previously twice

or more times of any crime; [and]

2. WHEN THEY ARE HABITUAL DELINQUENTS;


3. WHEN THEY ARE ESCAPEES;
4. WHEN THEY HAVE BEEN CHARGED WITH AND
CONVICTED OF HEINOUS CRIMES; AND

[2.] 5. 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, unless imposed for heinous crimes, 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 and convicted of 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.”

“INMATES WHO HAVE VIOLATED PRISON
RULES OR HAVE COMMITTED OFFENSES
WHILE INSIDE THE JAIL WILL HAVE PARTIAL
OR FULL FORFEITURE OF GRANTED GOOD
CONDUCT TIME ALLOWANCE (GCTA).

“FOR PURPOSES OF THIS PROVISION, HEINOUS CRIMES
SHALL INCLUDE THE FOLLOWING OFFENSES:

1, TREASON;

2, PIRACY IN GENERAL AND MUTINY ON THE HIGH
SEAS OR IN PHILIPPINE WATERS;

3. QUALIFIED PIRACY;

4. QUALIFIED BRIBERY;

5. PARRICIDE;

6. MURDER;

7. INFANTICIDE;

8. KIDNAPPING AND SERIOUS ILLEGAL DETEN TION;

9. ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS;

10. DESTRUCTIVE ARSON;

11. RAPE;

12. PLUNDER;

13, THE FOLLOWING VIOLATIONS OF REPUBLIC ACT
NO. 9165, WHERE THE SAME IS PUNISHABLE BY
RECLUSION PERPETUA TO DEATH:

a. IMPORTATION OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS;


b. SALE, TRADING, ADMINISTRATION, DISPENSATION,
DELIVERY, DISTRIBUTION AND TRANSPORTATION OF
DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS;

¢, MAINTENANCE OF A DEN, DIVE OR RESORT;

d. MANUFACTUREOF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS;

e. POSSESSION OF DANGEROUS DRUGS;

f, CULTIVATION OR CULTURE OF PLANTS:
CLASSIFIED AS DANGEROUS DRUGS OR ARE SOURCES
THEREOF

g. UNLAWFUL PRESCRIPTION OF DANGEROUS DRUGS;

h. MISAPPROPRIATION, MISAPPLICATION OR FAILURE
TO ACCOUNT FOR THE CONFISCATED, SEIZED AND/OR

SURRENDERED DANGEROUS DRUGS, PLANT SOURCES
OF DANGEROUS DRUG CONTROLLED PRECURSORS AND

ESSENTIAL CHEMICALS,
INSTRUMENTS/PARAPHERNALIA. AND/OR
LABORATORY EQUIPMENT INCLUDING THE

PROCEEDS OR PROPERTIES OBTAINED FROM THE
UNLAWFUL ACT COMMITIED BY A PUBLIC OFFICER
OR EMPLOYEE; OR

i, PLANTING OFEVIDENCE;

14. CARNAPPING."


SEC. 2. Article 97 of the same Act is hereby further amended to read as

follows:

“Article 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:

“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 it \prisonment,
he shall be allowed a deduction of thirty days for each month of good
behavior during detention; and

“S. At any time during the period of imprisonment, he shall be
allowed another deduction of fifteen days, inaddition 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.


“THIS PROVISION SHALL NOT BE APPLICABLE TO
RECIDIVISTS, HABITUAL DELINQUENTS, ESCAPEES, OR
THOSE WHO ARE CHARGED WITH AND CONVICTED OF
HEINOUS CRIMES AS DEFINED UNDER ARTICLE 29 OF ACT
NO. 3815."

SEC. 3. Article 98 of the same Act is further amended to read as follows:

“Article 98. Special time allowance for loyalty. - A deduction of
one fifth of the period of his sentence shall be granted to any prisoner
who, having evaded his preventive imprisonment or the service of
his sentence under the circumstances mentioned in Article 158 of
this Code, gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing the passing away
of the calamity or catastrophe referred to in said article. A
deduction of two-fifths of the period of his sentence shall be granted
in case said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe enumerated
in Article 158 of thisCode.

“This Article shall apply to any prisoner whether undergoing

preventive imprisonment or serving sentence.

“THIS PROVISION SHALL NOT BE APPLICABLE TO
RECIDIVISTS, HABITAL DELINQUENTS, ESCAPEES, OR
THOSE WHO ARE CHARGED WITH AND CONVICTED OF
HEINOUS CRIMES AS DEFINED UNDER ARTICLE 29 OF
ACT NO. 3815.

SEC. 4. Article 99 of the same Act is further amended to read as follows:
“Article 99. Who grants time allowances; MANDATORY REVIE} W;

TRANSPARENCY. - 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.]}

“ANY GRANT OF ALLOWANCES UNDER ACT NO. 3815
AND OTHER PENAL LAWS SHALL BE SUBJECT TO
MANDATORY REVIEW BY THE SECRETARY OF THE
DEPARTMENT OF JUSTICE.

“THE BUREAU OF CORRECTIONS SHALL PUBLISH
ANNUALLY THE LIST OF ALL PRISONERS WHO HAVE
BEEN RELEASED BY VIRTUE OF THE GRANT OF
ALLOWANCES UNDER ACT NO. 3815 AND OTHER PENAL
LAWS.

“THE BUREAU OF CORRECTIONS SHALL NOTIFY THE
CONCERNED VICTIMS AND THEIR FAMILIES IF A
PRISONER HAS QUALIFIED FOR GOOD CONDUCT TIME
ALLOWANCE,

‘THE BUREAU OF CORRECTIONS SHALL SUBMIT TO
CONGRESS, ANNUALLY, A REPORT ON ALL PRISONERS
WHO HAVE BEEN RELEASED BY VIRTUE OF THE
GRANT OF ALLOWANCES UNDER ACT NO. 3815 AND
OTHER PENAL LAWS."

SEC. 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 necessary for the proper implementation of
the provisions of this Act.

SEC. 6. Prospective Application. - This Act and its effects shall apply
prospectively.


SEC. 7. Separability Clause. - \f any part hereof is held invalid or
unconstitutional, the remainder of the provisions not otherwise affected shall remain

valid and subsisting.

Sec. 8. 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.

SEC. 9. 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,