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OFFICIAL GAZETTE OF THE

REPUBLIC OF THE PHILIPPINES
PHILIPPINES UNDER COMMONWEALTH ACT NO. 638

Republic Act No. 10592

Posted on May 29, 2013

S. No. 3064
H. No. 417

Republic of the Philippines

Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand twelve.

[REPUBLIC ACT NO. 10592]

 AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO.
3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL
CODE

Be it enacted by the Senate and House of Representatives of the Philippines

in Congress assembled:

SECTION 1. Article 29 of Act No. 3815, as amended, otherwise known as the

Revised Penal Code, is hereby further amended to read as follows:

“ART. 29. Period of preventive imprisonment deducted from term of

imprisonment. – 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, 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 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.

“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 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 lestierro, he shall be released after
thirty (30) days of preventive imprisonment.”

SEC. 2. Article 94 of the same Act is hereby further amended to read as

follows:

“ART. 94. Partial extinction of criminal liability. – Criminal liability is

extinguished partially:

“1. By conditional pardon;

“2. By commutation of the sentence; and

“3. For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence.”

SEC. 3. Article 97 of the same Act 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 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. 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. 4. Article 98 of the same Act is hereby further amended to read as
follows:

“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
said 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.

“This Article shall apply to any prisoner whether undergoing preventive

imprisonment or serving sentence.”

SEC. 5. Article 99 of the same Act is hereby further amended to read as

follows:”

“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.”

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.

SEC. 7. Implementing Rules and Regulations. – The Secretary of the

Department of Justice (DOJ) and the Secretary of the Department of the
Interior and Local Government (DILG) shall within sixty (60) days from the
approval of this Act, promulgate rules and regulations on the classification
system for good conduct and time allowances, as may be necessary, to
implement the provisions of this Act.

SEC. 8. Separability Clause. – If any part hereof is held invalid or

unconstitutional, the remainder of the provisions not otherwise affected shall
remain valid and subsisting.

SEC. 9. 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.

SEC. 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from
its publication in the Official Gazette or in at least two (2) new papers of
general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE

Speaker of the House President of the Senate
of Representatives

This Act which is a consolidation of Senate Bill No. 3064 and House Bill No.
417 was finally passed by the Senate and the House of Representatives on
November 5, 2012 and January 28, 2013, respectively.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EDWIN B. BELLEN

Secretary General Acting Senate Secretary
House of Representatives

Approved: MAY 29 2013

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines
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RESOURCES

 [PDF] Republic Act No. 10592, May 29, 2013

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