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THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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Third Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
According to the Bureau of Jail Management and Penology (BJMP), congestion is one of 
the major problems and challenges confronting them. According to the BJMP data, there are 
currently around $0,041 inmates. The capacity of our jails is only around 18,955 inmates. There 
is therefore a valiance of 41,086 inmates or 217% congestion in our jails. The problem of 
congestion brings about various logistical, security and health problems. 
One soludon to the congestion problem is to shorten the sentences of deserving inmates 
through the grant of good conduct time allowances. If an inmate will behave properly, his 
sentence could bd shortened and he could be released sooner. This program would inevitably 
lead to the decongestion of our jails. 
The problem, however, is that according to the Penal Code it is only the Director of 
Prisons who is empowered to grant good conduct time allowances. The Penal Code in Article 99 
provides that: 
A& 99. who grants time allowances. - 
Whenever lawfully justified, the 
Director uf Prisons shall grant allowances for good conduct. Such allowances 
once granted shall not be revoked. 
The SuprBlne Court, in the case of People vs. Tan 19 SCRA 433 (1967), interpreted this 
provision to mean that the authority granted to the Director of Prisons is exclusive. There is no 
other person who can grant good conduct time allowances aside from him. 
However, the Director of Prisons (now known as the Director of the Bureau of 
Corrections) only has jurisdiction over prisoners sentenced to serve imprisonment of more than 
three years. Inmittes who are sentenced to three years or less imprisonment serve their sentences 
in jails under the BJMP. 


To decongest jails, the BJMP Chief should also be given the power to give good conduct 
time allowances. This bill aims to amend the law in order to empower the BJMP Chief to give 
good conduct time allowances to deserving inmates. 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
1 
Third Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING ARTICLE 99 OF ACT NO. 3815 ALSO KNOWN AS 
THE REVISED PENAL CODE, AS AMENDED 
Be it enacted by the Senate and the House OfRepresentatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 99 ofAct No. 3815, also known as the Revised Penal Code, on who 
grants time allowances is hereby amended to read as follows: 
Art. 99. who grunts time allowances. - Whenever lawfully justified, the Director of 
Prisons OR THE HEAD OF THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY, 
WITHIN THEIR RESPECTIVE JURISDICTION, shall grant allowances for good conduct. 
Such allowances once granted shall not be revoked. 
SECTION 2. 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. 
SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publ.ication in at least two (2) newspapers of general circulation. 
Approved.