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Article 29 of RPC
RA NO. 10592 and its implementing rules
1. Preventive imprisonment Under Article 29 of RPC as amended by RA No. 10592
and its implementing rules and regulations, an accused who has undergone preventive
imprisonment shall be credited, either full or four-fifths (4/5) term, for his actual detention or
service of his sentence, provided he is not disqualified.
Credit for preventive imprisonment for the penalty of reclusion perpetua shall be
deducted from thirty (30) years.
a. No credit by reason of disqualification The grant of credit of preventive
imprisonment shall not apply to the following:
a. An accused who is recidivist;
b. An accused who has been convicted previously twice or more times of any crime; and
c. An accused who, upon being summoned for the execution of his sentence, has failed
to surrender voluntarily before a court of law.
b. Full time credit - An accused who has undergone preventive imprisonment shall be
credited with the full time during which he has undergone preventive imprisonment if;
a. He agrees voluntarily, in writing, to abide by the same disciplinary rules imposed
upon convicted prisoners; and
b. Such undertaking is executed with the assistance of the counsel.
The undertaking is called detainees manifestation, which is defined as a written
declaration of a detained prisoner, with the assistant of a counsel, stating his refusal to abide
by the same disciplinary rules imposed upon a convicted prisoner for the purpose of availing
the full credit of the period of his preventive imprisonment
c. 4/5 time credit - An accused who has undergone preventive imprisonment and who
does not agree to abide by the same disciplinary rules imposed upon prisoners convicted by
final judgment shall be credited by the service of his sentence with four-fifths (4/5) of the time
during which he has undergone preventive imprisonment if;
a. He shall do in writing
b. With the assistance of counsel.
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Recidivist
Habitual Delinquent
Escapee
Person charged with heinous crimes
If the maximum penalty to which the accused may be sentenced is destierro, he shall be
released after thirty (30) days of imprisonment.
The computation of preventive imprisonment for purposes of immediate release shall be
the actual period of detention with good conduct time allowance; provided, however, that if the
accused is absent without motu propio order the re-arrest of the accused.
3. Good conduct time allowance (GCTA) Before, only prisoner service sentence is
entitled to allowance for good conduct. However, under Article 94 of RPC as amended by RA
10592, the following shall be entitled to good conduct time allowance:
a. A detention prisoner qualified for credit for preventive imprisonment for his good
conduct and exemplary behaviour; and
b. A prisoner convicted by the final judgment in any penal institution, rehabilitation or
detention center or any other local jail for his good conduct and exemplary behaviour.
The good conduct time allowances under Article 97 as amended are as follows:
First 2 years of imprisonment 20 days for each month of good behavior
3rd to 5th year 23 days for each month of good behavior
6th to 10th year 25 days for each month of good behavior
11th year and successive years 30 days for each month of good behavior
An appeal by the accused shall not deprive him of entitlement to the above allowances
for good conduct.
4. Time Allowance for Study, Teaching and Mentoring (TASTM) - A prisoner is also
entitled to Time Allowance for Study, Teaching and Mentoring, which is privilege granted to a
prisoner, whether detained or convicted by final judgment, as a reward for having earned a
post post-graduate degree or collage degree, a certificate of completion of a vocational or
technical skills or values development course, a high school or elementary diploma or to one
serving his fellow prisoner as a teacher or mentor while incarcerated, equivalent to a deduction
of a maximum of fifteen (15) days for every month of study or mentoring services
5. Special time allowance for loyalty (STAL) - Special time allowance for loyalty is a
privilege granted to a prisoner, whether detained or convicted by final judgment, who has
evaded preventive imprisonment or service of sentence during said calamity, and surrendered
to the authorities within forty-eight (48) hours following the proclamation announcing the
passing away of the calamity and the catastrophe referred to in the said article in the form of
the deduction of one fifth (1/5) from his preventive imprisonment or service of sentence or a
deduction of two fifth (2/5) if prisoner opted to stay in jail or prison during the calamity.
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