THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
S. No. 
2390 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
As of August 2005, the records of the Bureau of Jail Management and 
Penology, the government agency charged with the supervision and control of 
the country's district, city and municipal jails shows that out of 62,566 of its jail 
population, 59,406 or 94% are detainees, meaning person detained while waiting 
preliminary investigation or trial or promulgation of court decision. Only 3,161 or 
.05 % are sentenced. 
Records of the Bureau also reveal that most of its district, city and 
municipal jails are acutely congested. In Metro Manila alone all twenty three (23) 
jails are congested. Congestion together with the generally dilapidated jail 
conditions makes life for inmates miserable and the management and 
supervision of jail authorities a difficult task to perform. 
Pursuant to paragraph 2, Section 14, Article 111 of the 1987 Constitution of 
the Philippines, in all criminal prosecutions, the accused shall be presumed 
innocent until the contrary is proved. The irony and stark reality however is that, 
even while these detainees are constitutionally presumed innocent, they are 
already consigned to begin serving prison terms. The slow pace of justice which 
is vividly evidenced by the detainee's condition has aggravated the situation. 
Needless to state, congestion is one of the main scourges of jail 
supervision and management. It has resulted to escapes, jail riots and 
disturbances, jail gangs, outbreaks of diseases and other disorders. 
A majority of the inmates are poor thus they cannot afford to put up the 
required bail while some are ignorant, unwanted by society and neglected by the 
government. Congestion must be radically addressed. This measure is one of 
them. It is expected that with the passage into law of this bill, jail congestion will 
be sufficiently addressed. 
The prompt and immediate passage of this bill deserves utmost attention. 
Senator "IY? 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE F'HILIPPINES 
Second Regular Session 
SENATE 
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AN ACT AMENDING PARAGRAPH 3, ARTICLE 29 OF ACT NO. 3815, 
AS AMENDED, OTHERWISE KNOWN AS REVISED PENAL CODE. 
Be enacted by the Senate and House of Representatives of the Philippines in 
congress assembled: 
Section 1. Paragraph 3 of Article 29 of Act No. 3815, as amended, is hereby 
amended to read as follows: 
"Art. 29. Period of preventive imprisonment deducted from term of 
imprisonment. - 
Offenders 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, except in the following 
cases: 
1. When they are recidivists or have been convicted previously twice or 
more times of any crime; and 
2. 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. (As amended by Republic Act 6127, June 17,1970). 
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, ON MOTU PROPIO, ORDER THE REARREST OF THE 
ACCUSED, 
PROVIDED 
FINALLY 
THAT, 
RECIDIVISTS, 
HABITUAL 
DELINQUENTS, ESCAPEES AND PERSONS CHARGED WITH HEINOUS 
CRIMES ARE EXCLUDED FROM THE COVERAGE OF THIS ACT. In case the 


maximum penalty to which the a,ccused may be sentenced is destierro, he shall 
be released after thirty (30) days 'of preventive imprisonmjent. 
Section 2. Repealing Clause.- All laws, decrees, executive orders, rules and 
issuances inconsistent with this Act are hereby repealed, amended or modified 
accordingly. 
Section 3. Effectivity Clause.- This Act shall take effect fifteen (15) days following 
its publications in the Official Gazette or in any two (2) newspapers of general 
circulation. 
Approved.