MGA KAPARAANAN

NG MAAGANG
PAGLAYA
(Modes of Early Release)
I. Before conviction/pending trial.
• 1. Release on Recognizance.
• -RA 6036 (An Act Providing that Bail shall not, with certain exceptions, be required in case of
Violations of Municipal or City Ordinances and in Criminal Offenses when the prescribed Penalty
for such Offenses is not higher than Arresto Mayor and/or Fine of Two Thousand Pesos or both.
• - Section 16, Rule 114 of the Rules of Court.
• Section 16. Bail, when not required; reduced bail or recognizance. — No bail shall be required
when the law or these Rules so provide.
• When a person has been in custody for a period equal to or more than the possible maximum
imprisonment prescribe for the offense charged, he shall be released immediately, without
prejudice to the continuation of the trial or the proceedings on appeal. If the maximum penalty to
which the accused may be sentenced is destierro, he shall be released after thirty (30) days of
preventive imprisonment.
• A person in custody for a period equal to or more than the minimum of the principal penalty
prescribed for the offense charged, without application of the Indeterminate Sentence Law or any
modifying circumstance, shall be released on a reduced bail or on his own recognizance, at the
discretion of the court. (16a)
2. Motion to Quash.
• Rule 117 of the Rules of Court
• Grounds:
• Facts charged do not constitute an offense;
• The court trying the case has no jurisdiction over the offense
charged;
• The court trying the case has no jurisdiction over the person
of the accused;
• The officer who filed the information had no authority to do
so;
• Information does not conform substantially to the prescribed
form;
• More than one offense is charged except when a single
punishment for various offenses is prescribed by law;
• Criminal action or liability has been extinguished;
• Information contains averments which if true, would
constitute a legal excuse or justification; and
• The accused has been previously convicted or acquitted of
the offense charged, or the case against him was dismissed
or otherwise terminated without his express consent.
3. Motion to Dismiss on the Ground of Violation of
the Right to Speedy Trial;
4. Demurrer to Evidence;
5. Credit of Preventive Imprisonment(CPI/RA
10592).
II. Upon Conviction
1. Probation – PD 968, as amended by RA 10707;
2. Parole or Executive Clemency – Revised Rules & Regulations of the
Board of Pardons & Parole;
3. Credit of Preventive Imprisonment;
- Good Conduct Time Allowance (GCTA);
- Time Allowance for Studying;
- Teaching and Mentoring (TASTM);
- Special Time Allowance for Loyalty (STAL);
4. Transfer to Other Facility.
III. Before and After Conviction.
1. Release on Bail.
•Cash, Property and Surety Bond.
2. Recognizance Act of 2012.
IV. Other Modes
1. Plea Bargaining
2. Juvenile Justice and Welfare Act
of 2006
Salient Features of the 2019 Revised IRR of
R.A. 10592
• Defintion of Terms:
Heinous Crimes- crimes which are grievous, odious, and hateful to
the senses and which by reason of their inherent and or manifest
wickedness, viciousness, atrocity and perversity are repugnant and
outrageous to the common standards and norms of decency and
morality and a just civilized and ordered society, including crimes
which are mandatorily punishable by death under the provision of
R.A. No. 7659, as amended otherwise known as the Death Penalty
Law, and those crimes specifically declared as such by the Supreme
Court. (Rule II, Section 1, (N))
• Person Deprived of Liberty- a person confined in a correctional
facility, whether undergoing investigation or awaiting final judgment
(Rule II, Section 1 (p))
• Recidivist-a person who, at the time of his trial for one crime, shall
have been previously convicted by final judgment, of another crime
embraced in the same title of Act No. 3185, as amended otherwise
known as the Revised Penal Code (RPC) (Rule II, Section 1 (t)
• Habitual Delinquents-a person who within ten years from the date or
release of release from prison or last conviction of the crimes of
serious physical injuries, robbery, theft, estafa and falsification, is
found guilty of the said crimes, three times or oftener
Credit for preventive imprisonment CPI (Rule
III)
• Who are Qualified- A PDL who has undergone preventive
imprisonment shall be credited fully, or for four fifths (4/5) of the
period of his preventive imprisonment (Rule 3, Section 2)
• Full Credit for Preventive Imprisonment-A qualified PDL who has
undergone preventive imprisonment and who, after being informed
of the effects thereof and with the assistance of counsel, manifests in
writing his WILLINGNESS to abide by the same disciplinary rules
imposed upon a PDL convicted of a final judgment, shall be credited
with the full time of his preventive imprisonment, (Rule 3, Section 4)
• Four Fifths (4/5) Credit for Preventive Imprisonment- A Qualified PDL
who has undergone preventive imprisonment and who after being
informed of the effects thereof and with the assistance of counsel,
manifests in writing his UNWILLINGNESS to abide by the same
disciplinary rules imposed upon a PDL convicted by a final judgment,
shall be credited four-fifths (4/5) of the terms of his preventive
imprisonment (Rule 2, section 5)
• GCTA, TASTM, STAL of a PDL Qualified for CPI- A PDL who is qualified
for credit to preventive imprisonment shall also be qualified to
benefit of good conduct time allowance during such imprisonment ,
as well as TASTM and STAL, in accordance with procedure laid down
in these rules (Rule 2 section 7)
Who are Disqualified for Credit for preventive
Imprisonment?
• a. Recidivist;
• b. An Accused who has been convicted previously twice or more
times of any crime;
• c. An accused who upon being summoned for the execution of his
sentence has failed to surrender voluntarily before a court of law;
• d. Habitual delinquents;
• e. Escapees
• f. PDL Charged of Heinous Crimes (Rule 3, Section3)
Good Conduct Time Allowance
• A qualified PDL shall be entitled to the following deductions for each
month of good behavior during detention or Service of Sentence,
from the possible maximum penalty or from his period of sentence
respectively:
• During the first 2 years of imprisonment-20 days per month
• During 3-5 year of imprisonment-23 days
• During the 6th to tenth year-25 days
• During eleventh and successive years-30 days
Who are disqualified for GCTA during
PREVENTIVE IMPRISONMENT
• a. Recidivist;
• b. An Accused who has been convicted previously twice or more
times of any crime;
• c. An accused who upon being summoned for the execution of his
sentence has failed to surrender voluntarily before a court of law;
• d. Habitual delinquents;
• e.Escapees
• f. PDL Charged of Heinous Crimes (Rule 4, Section1)
Who are disqualified during Service of
Sentence
• a. Recidivist;
• b. Habitual delinquents;
• c. Escapees
• d. PDL Convicted of Heinous Crimes (Rule 4, Section2)
Time Allowance for Study, Teaching, and
Mentoring (TASTM)
• 15 days of additional credit shall be given to a qualified PDL for each
month of study, teaching or mentoring service
• The deduction provided shall be given to qualified PDL who pursues
an educational program, whether formal, vocational or technical, an
alternative learning system, or any development course, accredited
by Prison/Jail authorities, or who serves his fellow PDL as teacher or
mentor while incarcerated (Rule 5 section 1)
Who are disqualified for TASTM
• a. Recidivist;
• b. Habitual delinquents;
• c.Escapees
• d. PDL Convicted of Heinous Crimes (Rule 5, Section2)
IMMEDIATE RELEASE OF PDL UNDER
PREVENTIVE IMPRISONMENT
• Whenever a PDL 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 or the proceeding on appeal
• The computation of preventive imprisonment for purpose of
immediate release shall be the actual period of detention with GCTA
which may include TASTM (Rule VI, Section 1)
• CPI for penalty of Reclusion Perpetua shall be thirty years (Rule VI,
Section 4)
Who are not qualified for immediate release
under Preventive Imprisonment
• Recidivist;
• b. An Accused who has been convicted previously twice or more
times of any crime;
• c. An accused who upon being summoned for the execution of his
sentence has failed to surrender voluntarily before a court of law;
• d. Habitual delinquents;
• e.Escapees
• f. PDL Charged of Heinous Crimes (Rule 4, Section2)