THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S. No. 
2385 
INTRODUCED BY HON. MANNY VJLLAR 
EXPLANATORY NOTE 
The criminal justice system’s fourth pillar, that of corrections, has 
undergone tremendous change throughout the world in terms of better 
prison facilities, a personalized appreciation of the rehabilitation of a 
prisoner, and shorter time spent in a penal institution due to good conduct 
time allowance. 
The Philippine correction system has made great 
improvements in the last decade with the improved system of parole and 
release on conditional pardon and closer linkages between the prison 
system itself and the parole and pardon network. 
Certain changes have been made in the law to clarify practices 
which the Board of Pardons and Parole in cooperation with the Director of 
Prisons have evolved in the past few years to benefit the prisoner. Some 
of these changes are incorporated in this measure. 
With respect to commutation of sentence, only those sentences 
which the prisoner is serving or will serve should be commuted. Since 
service of sentence under Article 89 totally extinguishes criminal liability, 
commutation should only cover unserved sentences, not those the 
prisoner has already sewed pursuant to Article 70 on successive service 
of sentence. When the Chief Executive has granted commutation of 
sentence for one or several crimes, and the prisoner commits one or 
several more offenses while in prison or while evading sentence as an 
escapee, the penalties for such crimes committed subsequent to the 
commutation should not be aggregated with the commuted sentence. The 
commuted sentence should be served first, before the prisoner begins to 
serve the penalty or penalties for the additional crimes. 
Allowance for good behavior should be granted to prisoners only 
when they are physically inside a penal institution. Thus, when a prisoner 
is given temporary release while on parole or conditional pardon, the time 
remaining on his sentence which he shall observe under parole or pardon 
conditions should not be reduced with good conduct time allowance. No 
allowance should be made prospectively, or only on the period following 
the event which warrants that no deduction should be made due to bad 
behavior. 
When the prisoner commits an extraordinary act of heroism, he 
deserves to be recommended for executive clemency. When a parolee or 
parolees, while outside the penal , institution on temporary release, 
commits an act of extraordinary heroism, he should also be recommended 
for executive clemency. 


Accordingly, the urgent passage of this 
bill is 
hereby 
recommended. 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
6 JUN-7 P432 
SENATE 
INTRODUCED BY HON. MANNY VILLAR 
AN ACT TO REDEFINE CERTAIN PROVISIONS 
RELATED TO PARTIAL EXTINCTION OF CRIMINAL 
LIABILITY AMENDING FOR THE PURPOSE CERTAIN 
ARTICLES OF ACT NO. 3815, OTHERWISE KNOWN AS 
THE REVISED PENAL CODE, AS AMENDED, 
AND FOR OTHER PURPOSES 
if 
Behenacted by the Senate and House of Representatives of the 
Philippines in congress assembled: 
Section 1. Article 96 of Act No. 3815, as amended, otherwise 
known as the Revised Penal Code, is hereby amended to read as follows: 
“ART. 96. Effect of commutation of sentence. - The 
commutation of the original sentence for another of a 
different length and nature shall have the legal effect of 
substituting the latter in the place of the former. 
WHEN THE PRSIONER HAS TO SERVE TWO OR 
MORE PENALTIES, ONLY THOSE PENALTIES WHICH 
HAVE NOT BEEN SERVED AT THE TIME OF 
CONSIDERATION FOR COMMUTATION OF SENTENCE 
OF SAID PRISONER MAY BE COMMUTTED. 
WHEN THE PENALTY OR 
PENALTIES OF 
OFFENSES SHALL HAVE BEEN COMMUTED, THE 
PRISONER 
MUST 
FIRST SERVE 
UP 
TO 
THE 
EXPIRATION OF SAID COMMUTED SENTENCE OR 
SENTENCES BEFORE THE PERIOD FOR CRIMES 
COMMITTED SUBSEQUENT TO THE COMMUTATION 
SHALL BEGIN TO BE SERVED. IN NO CASE SHOULD A 
SENTENCE WHICH HAS’ BEEN COMMUTED BE 
AGGREGATED 
WITH 
ANOTHER 
SENTENCE 
OR 
SENTENCES FOR CRIMES COMMITTED SUBSEQUENT 
TO THE COMMUTATION OF SENCE OR SENTENCES.” 
Section 2. Article 97 of the same Act is hereby amended to read 
as follows: 
“ART. 97. Allowance for good conduct. - The good 
conduct of any prisoner in any penal institution shall entitle 
him to the following deductions from the period of his 
sentence: 


1. During the first two years of his imprisonment, he 
shall be allowed a deduction of five days for each month of 
good behavior; 
2. During the third to the fifth year, inclusive, of his 
imprisonment, he shall be allowed a deduction of eight days 
for each month of good behavior; 
3. During the following years until the tenth year, 
inclusive of his imprisonment, he shall be allowed a 
deduction of ten days for each month of good behavior; and 
4. During the eleventh [and successive years of his 
imprisonment], until the twentieth year, inclusive, he shall 
be allowed a deduction of fifteen days for each month of 
good behavior. 
5. 
DURING 
THE 
TWENTY-FIRST 
AND 
SUCCESSIVE YEARS OF HIS IMPRISONMENT, HE 
SHALL BE ALLOWED A DEDUCTION OF TWENTY 
[FIFTEEN] DAYS FOR EACH MONTH OF GOOD 
BEHAVIOR. 
“ALLOWANCE SHALL NOT BE PERMITTED FOR 
THE PERIOD WHEN THE PRISONER IS OUTSIDE OF 
THE PENAL INSTITUTION ON TEMPORARY RELEASE 
ON PAROLE OR CONDITIONAL PARDON WITH PAROLE 
CONDITIONS. NO ALLOWANCE SHALL BE GRANTED 
ON THE GOOD CONDUCT TIME ALLOWANCE ITSELF, 
BUT ONLY ON ACTUAL TIME SPENT IN THE PENAL 
INSTITUTION.” 
Section 3. Article 98 of the same Act is hereby amended to read 
as follows: 
“ART. 98 Special time allowance for loyalty and 
recommendafion for executive clemency due to acts and 
heroism. - A deduction of one-fifth of the period of his 
sentence shall be granted to any prisoner who, having 
evaded 
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. 
“THE 
DIRECTOR 
OF 
PRISONS 
MAY 
RECOMMEND 
A 
PRISONER 
FOR 
EXECUTIVE 
CLEMENCY WHEN SAID PRISONER HAS COMMITTED 
AN EXTRAORDINARY ACT OF HEROISM WHILE 
SERVING SENTENCE IN A PENAL INSTITUTION. 
“THE 
SECRETARY 
OF 
JUSTICE 
MAY 
RECOMMEND A PAROLEE OR A PARDONEE ON 
TEMPORARY RELEASE ON PAROLE OR CONDITIONAL 
PARDON, 
RESPECTIVELY, 
FOR 
EXECUTIVE 
CLEMENCY WHEN THE PAROLEE OR PARDONEE HAS 
COMMITTED AS EXTRAORDINARY ACT OF HEROISM 


WHILE OUTSIDE THE? PENAL. INSTITUTION ON PAROLE 
OR CONDITIONAL PARDON.” 
Section 4. 
This Act shall take effect upon its approval and 
completion of its publication in at least! two (2) national newspapers of 
general circulation. 
Approved, 
Approved,