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EIGHTEENTH CONGRESS OF THE ) Pies apy
REPUBLIC OF THE PHILIPPINES ) om:
First Regular Session ) <p ne RY
noe WS
HOUSE OF REPRESENTATIVE
H.B.No,_4456

Introduced by Representative TEODORICO T. HARESCO, JR.

EXPLANATORY NOTE

People have been debating recently whether people who were convicted of heinous
crimes should benefit from Republic Act No. 10592 otherwise known as the Good Conduct
Time Allowance Law which allows for a credit based on the good conduct of persons
deprived of liberty (PDLs) while serving sentence.

The controversy sparked the consciousness of the nation when reports were released
saying that convicted murder-rapist former mayor Antonio Sanchez of the Sarmienta-Gomez
rape-slay case, together with around 11,000 prisoners,’ may walk free by claiming the
benefits of Republic Act No. 10592.

Controversy arose when it was reported that mayor Sanchez would benefit from the
law and would be released in 2 months’ time.? This, notwithstanding the fact that he was
convicted of seven counts of rape with homicide and was punished for reclusion perpetua
for each count, which is equivalent to seven counts of forty (40) years in prison and another
two counts of reclusion perpetua from the Pefialosa murder case. Reports also show that
Antonio Sanchez displayed unwanted behavior while inside prison including the violation of
several prison rules for smuggling illegal drugs in his jail cell3 and received several luxuries
not generally allowed under existing jail rules such as having flat screen television and air

conditioning unit in his jail cell.*

"tps: //www-philstar-com /headlines/2019/08/22/1945504 /good-law-bad-man-ra-10592-and-rape-slay-convict-antonio-sanchez.
2 https://www-philstar.com/headlines/2019/08/21/1945203/ex-mayor-antonio-sanchez-set-release
Shetps://www.cnnphilippines.com/news/2019/8/22/Antonio-Sanchez-early-release-murder-rape-UP-Los-Banos-students html,
“1d


According to the Implementing Rules and Regulations of Republic Act No. 10592
"Good Conduct" — refers to the conspicuous and satisfactory behavior of a detention or
convicted prisoner consisting of active involvement in rehabilitation programs, productive
participation in authorized work activities or accomplishment of exemplary deeds coupled
with faithful obedience to all prison/jail rules and regulations.® With the infractions above-
stated, how can Antonio Sanchez be qualified for good conduct time allowance for his alleged

“good conduct”?

In the light of the recent controversy, this bill seeks to amend Republic Act No. 10592
so that the true intent and spirit of the law will be upheld and implemented, safeguarding it

from abuse of powerful personalities who try to circumvent the law in their favor.

fs lalagaladin JR.

* Rule Ill, Section 1 (p), Implementing Rules and Regulations of Republic Act No, 10592, IRR-RA 10592, March 26,2014,


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

HOUSE OF REPRESENTATIVES
H.B. No.

Introduced by Representative TEODORICO T. HARESCO, JR.

AN ACT
DEFINING GOOD CONDUCT, INSTITUTING ADDITIONAL MEASURES FOR THE
IMPLEMENTATION OF GOOD CONDUCT TIME ALLOWANCE, AMENDING FOR THIS
PURPOSE ARTICLES 97 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. Article 97 of Act No. 3815, as amended, otherwise known as the Revised Penal Code,

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:

"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. Atany 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, [oF] mentoring service time rendered.

"An appeal by the accused shall not deprive him of entitlement to the above allowances
for good conduct.”

“GOOD CONDUCT’ REFERS TO THE FAITHFUL OBEDIENCE TO ALL LAWS RULES
AND REGULATIONS INCLUDING PRISON/JAIL RULES AND REGULATIONS AND
SATISFACTORY BEHAVIOR OF A DETENTION OR CONVICTED PRISONER
CONSISTING OF ACTIVE INVOLVEMENT IN REHABILITATION PROGRAMS,
PRODUCTIVE PARTICIPATION IN AUTHORIZED WORK ACTIVITIES OR


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ACCOMPLISHMENT OF EXEMPLARY DEEDS INDICATING PRISONER'S REMORSE,
REHABILITATION AND APTITUDE TO BECOME PRODUCTIVE AND LAW-ABIDING
MEMBER OF SOCIETY ONCE RELEASED.”

“PROVIDED THAT RECIDIVISTS, HABITUAL DELINQUENTS, ESCAPEES, PERSONS
CONVICTED OF HEINOUS CRIMES AND PERSONS CHARGED WITH ANOTHER
CRIMINAL OFFENSE WHILE SERVING SENTENCE ARE EXCLUDED FROM THE
COVERAGE OF ART. 97 OF THIS ACT.”

“PROVIDED FURTHER, THAT A PRISONER WHO IS FOUND TO BE IN VIOLATION OF
GOOD CONDUCT, AS DEFINED IN THIS ACT, SHALL FORFEIT ALL HIS OR HER
ACCRUED GOOD CONDUCT TIME ALLOWANCE EARNED. A PRISONER WHO IS IN
VIOLATION OF GOOD CONDUCT SHALL BE ALLOWED TO START OVER AND EARN
HIS OR HER GOOD CONDUCT TIME ALLOWANCE.”

“THE BUREAU OF CORRECTIONS (BUCOR) AND THE BUREAU OF JAIL
MANAGEMENT AND PENOLOGY (BJMP) SHALL UNDERTAKE THE FULL
DIGITALIZATION OF ALL PRISON RECORDS AND SHALL DESIGN AND USE A
COMPUTER-GENERATED OR AUTOMATED TEMPLATE TO MONITOR THE
PROGRESS OF DETAINEES OR PRISONERS CONVICTED BY FINAL JUDGMENT,
CAPABLE OF INCORPORATING TIME ALLOWANCES THAT MAY BE GRANTED TO
EACH OF THEM.”

“IN ADDITION, A WRITTEN COMPUTATION TABLE OR MANUAL OF PREVENTIVE
IMPRISONMENT OR SERVICE OF SENTENCE INCORPORATING TIME ALLOWANCES
SHALL BE PREPARED AND USED AS THE PRIMARY OFFICIAL REFERENCE BY THE
BUCOR, BJMP AND PROVINCIAL JAILS.”

“A LIST OF PRISONERS WHO MAY BE RELEASED PURSUANT TO THE APPLICATION
OF THIS PROVISION SHALL BE MADE AVAILABLE TO THE PUBLIC IN THE WEBSITE
OF THE BUREAU OF CORRECTIONS AND THE BUREAU OF JAIL MANAGEMENT AND
PENOLOGY AND POSTED IN CONSPICUOUS PLACES IN PRISONS AND IN THE CITY
OR MUNICIPAL HALLS WHERE THEY ARE DETAINED AT LEAST 6 MONTHS FROM
THEIR SCHEDULED RELEASE, AT WHICH TIME THE BUCOR AND THE BJMP MAY
STILL ACCEPT FROM THE PUBLIC OPPOSITIONS ON THEIR RELEASE AND SHALL
RULE ON THE BASIS OF THE MERITS UNDER EXISTING LAWS, RULES AND
REGULATIONS.”

SEC. 2. Article 99 of the same Act is hereby 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. [ .”

“PROVIDED THAT THE COMPUTATION OF GOOD CONDUCT TIME ALLOWANCE AND
THE GRANT OF SUCH SHALL BE REVIEWED BY THE BOARD OF PARDONS AND
PAROLE.”

SEC. 3. Appropriations. - The initial amount necessary for the implementation of this Act
shalll be charged against the current fiscal year’s appropriations of the Department of Justice for
all jails under the Bureau of Corrections and the Department of Interior and Local Government
for all jails under the Bureau of Jail Management and Penology. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the annual General
Appropriations Act of the respective departments.


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SEC. 4. Repealing Clause. - All laws, decrees, orders, rules and regulations, or other
issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 5. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in
force and effect.

SEC. 6. Effectivity. - This Act shall take effect after fifteen (15) days following the
completion of its publication either in the Official Gazette or in a newspaper of general
circulation in the Philippines.

Approved,