Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _4383

Introduced by Representative PABLO JOHN F. GARCIA

EXPLANATORY NOTE

While the apparent intent of Republic Act No. 10592 entitled “AN ACT AMENDING
ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS THE REVISED PENAL CODE” was to exclude recidivists, habitual
delinquents, escapees and persons convicted of heinous crimes from the application
both of the allowance for time for preventive imprisonment under Article 29 of the Revised
Penal Code AND allowance for good conduct time allowance (GCTA) under Article 97 of
the same law, the law—as crafted and worded—would apparently leave room for
application that the same convicts are not excluded from GCTA.

This, precisely, was the Bureau of Corrections’ justification for the controversial release
of some convicts covered by the exclusion in the years following the law's effectivity in
2013.

Recently, however, the Department of Justice (DOJ) confirmed their interpretation of the
law, which should be accorded great respect being the implementor of the law, that the
class of convicts excluded under Article 29 should also be excluded from enjoying the
benefits of Article 97.

This bill seeks to clarify the legislative intention of Republic Act No. 10592 that recidivists,
habitual delinquents, escapees and persons convicted of heinous crimes should be
excluded from enjoying the benefits of both



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by Representative PABLO JOHN F. GARCIA

AN ACT
FURTHER AMENDING ARTICLE 97 OF ACT NO. 3185, OTHERWISE KNOWN AS
THE REVISED PENAL CODE, IN ORDER TO CLARIFY THE LEGISLATIVE
INTENTION OF REPUBLIC ACT NO. 10592 EXCLUDING RECIDIVISTS, HABITUAL
DELINQUENTS, ESCAPEES AND PERSONS CONVICTED OF HEINOUS CRIMES
FROM ENJOYING THE BENEFITS OF GOOD CONDUCT TIME ALLOWANCE (GCTA)
UNDER ARTICLE 97 OF SAID ACT

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

Section 1. Article 97 of Act No. 3185, 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, EXCEPT RECIDIVISTS, HABITUAL DELINQUENTS,
ESCAPEES AND PERSONS CONVICTED OF HEINOUS CRIMES, shall entitle
him to the following deductions from the period of his sentence:

"4. 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.”

Sec. 2. This law shall take effect fifteen (15) days following its publication in the
Official Gazette, or in a newspaper of general publication.

Approved,