Chapter 10: Preventive Imprisonment.

Good Conduct Time Allowance and other

Statutory Provisions in Correction

The following are the different statutory provisions related to correction

A. PREVENTIVE IMPRISONMENT
Not all persons who have pending trials of criminal cases must be detained, since
accused person has the constitutional and statutory rights to bail. So, persons who may
be committed to jail pending trial are those charged with capital offenses with non-
capital offense who have failed to post bail; and those charge with capital offense and
the evidence of guilt is strong. A capital offense is an offense, which under the law
existing at the time of its commission, and at the time of the application to be admitted
to bail may be punishable by death. The detention of these persons pending trial is
known as Preventive Imprisonment.

Period of preventive imprisonment deducted from term of imprisonment

(REPUBLIC ACT NO. 10592)
Offenders or accused 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 after being informed of the effects thereof and with
the assistance of counsel to abide by the same disciplinary rules imposed upon
convicted prisoners.

Persons not qualified under the Law

a. When they are recidivists, or have been convicted previously twice or more
times of any crime; and
b. When upon being summoned for the execution of their sentence they have
failed to surrender voluntarily.

Credits in case the Detainee does not agree

If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall do so in writing with the assistance of a
counsel and shall be credited in the service of his sentence with four-fifths of the time
during which he has undergone preventive imprisonment.
Notes:
 Credit for preventive imprisonment for the penalty of reclusion perpetua shall be
deducted from thirty (30) years.
 Whenever an accused has undergone preventive imprisonment for a period
equal to the possible maximum 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.
 Computation of preventive imprisonment for purposes of immediate release
under this immediately preceding paragraph shall be the actual period of
detention with good conduct time allowance: Provided, however, That if the
 accused is absent without justifiable cause at any stage of the trial, the court may
motu proprio 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 accused may be sentenced is destierro, he shall be released after thirty (30)
days of preventive imprisonment."

B. GOOD CONDUCT TIME ALLOWANCE

RA 10592 likewise amended provisions for Good Conduct Time Allowance 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. 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.

Number of years of Imprisonment Number of days of GCTA for every month of

Good Behavior
1st two years 20 days
3rd to 5th year 23 days
6th to 10th year 25 days
11th year onwards 30 days

Notes:
 An appeal by the accused shall not deprive him of entitlement to the above
allowances for good conduct.
 The 15 days GCTA is an additional credit for each month of study, teaching or
mentoring service time rendered by the inmate regardless of the number of years
of imprisonment.
C. SPECIAL TIME ALLOWANCE FOR LOYALTY
ART. 98. Special time allowance for loyalty. - A deduction of one fifth of the period of his
sentence shall be granted to any prisoner who, having evaded his preventive
imprisonment or 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 gad article. A deduction of two-fifths of the period of his sentence shall be
granted in case said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of
this Code.
Note:
 This Article shall apply to any prisoner whether undergoing preventive
imprisonment or serving sentence.

Authority to Grant Good Conduct Allowances

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. Such allowances once granted shall not be revoked.
Note:
 RA 10592 provides for punishment in case of non-compliance or violations.
SEC. 6. Penal Clause. Faithful compliance with the provisions of this Act is
hereby mandated. As such, the penalty of one (1) year imprisonment, a fine of
One hundred thousand pesos (P100,000.00) and perpetual disqualification to
hold office shall be imposed against any public officer or employee who violates
the provisions of this Act.

D. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER

JUDICIAL AUTHORITIES.
(Art 125, RPC), A felony committed by a public officer or employee who shall detain
any person for some legal ground and shall fail to deliver such person to the proper
judicial authorities with in the period of:
12 hours - for crimes or offenses punishable by light penalties,
18 hours for crimes or offenses punishable by correctional penalties,
36 hours - for crimes or offenses punishable by afflictive or capital penalties.
The crime of Arbitrary Detention is committed when the detention of a person is
without legal ground.
The legal ground of detention are: a) commission of a crime and b) violent
insanity or other ailment requiring compulsory requirement.

E. DELAYING RELEASE
This is committed by a public officer or employee who delays for the period of
time specified in Art 125, the performance of any judicial or executive order for the
release of a prisoner or unduly delays the services of the notice of such order to said
prisoner.
F. DELIVERY OF PRISONERS FROM JAIL (ART. 156, RPC)
Elements
1. The offender is a private individual
2. He removes a person confined in jail or a penal institution or helps in the escape
of such person,
3. The means employed are violence, intimidation, bribery or any other means.

The prisoner maybe a detention or sentenced prisoner and the offender is an

outsider to the jail. If the offender is a public officer or a private person who has the
custody of the prisoner and who helps a prisoner under his custody to escape, the
felony is Conniving with or Consenting to Evasion (Art. 223) and Escape of a Prisoner
under the custody of a person not a public officer (Art. 225) respectively.
This offense like other offenses of similar nature may be committed through
imprudence or negligence.

G. EVASION OF SERVICE OF SENTENCE (ART 157-159, RPC)

1. Evasion of Service under Art 157, RPC, Elements:
a. Offender is a prisoner serving sentence involving deprivation of liberty by
reason of final judgement.
b. He evades the service of his sentence during the term of his imprisonment.
This felony is qualified when the evasion takes place by breaking doors,
windows, gates, roofs or floors; using picklocks, false keys, disguise, deceit,
violence, intimidation or; connivance with other convicts or employees of the
penal institution. (Jail breaking is synonymous with evasion of sentence).

2. Evasion of Service of Sentence on the Occasion of Disorders due to

Conflagrations, Earthquakes, or Other Calamities (Art. 158, RPC), Elements:
a. Offender is a prisoner serving sentence and is confined in a penal institution,
b. He evades his sentence by leaving the institution.
c. He escapes on the occasion of a disorder due to conflagration, earthquake,
explosion, or similar catastrophe or mutiny in which he has not participated,
and
d. He fails to give himself up to the authorities within 48 hours following the
issuance of a proclamation by the Chief Executive regarding the passing away
of the calamity.
3. Other cases of Evasion of Service of Sentence (Art. 159, RPC)
The violation of any conditions imposed to a Conditional Pardon is a case of
evasion of service of sentence.
The effect of this is, the convict may suffer the unexpired portion of his original
sentence
H. INFIDELITY OF PUBLIC OFFICERS
1. Infidelity in the Custody of Prisoners Through Connivance (Art.223, RPC)
A felony committed by any public officer who shall consent to the escape
of a prisoner in his custody or charge.
2. Infidelity in the Custody of Prisoners through Negligence (Art. 224, RPC)
A felony committed by a public officer when the prisoner under his custody
or charge escaped through negligence on his part.
3. Escape of a Prisoner under the Custody of a Person not a Public Officer. (Art
225, RPC)

I. Other Offenses or Irregularities by Public Officers

1. Maltreatment of Prisoner (Art. 235, RPC), Elements:
a. Offender is a public officer or employee,
b. He overdoes himself in the correction or handling of such prisoner by
imposition of punishment not authorized by regulation or by inflicting such
punishment in a cruel and humiliating manner.

The felony of Physical Injuries if committed if the accused does not have the
charge of a detained prisoner and he maltreats him. And if the purpose is to extort a
confession, Grave Coercion will be committed.