Press Release
November 5, 2012

Senate approves amendments on Preventive Imprisonment

The Senate has approved on final reading a bill amending Articles 29, 94, 97, 98 and 99 of the Revised Penal Code on Preventive Imprisonment.

Senate Bill No. 3064 was sponsored by Sen. Chiz Escudero, chairman of the Committee on Justice and Human Rights.

"SBN 3064 seeks to clarify certain provisions on preventive imprisonment as well as those who are qualified to receive the benefit of the periods credited to the actual service of sentence should they be found guilty later on," Escudero explained.

Article 29 states that "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 propio order the re-arrest of the accused: provided finally, that recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of this act."

"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from 30 years," the article adds.

Article 94 adds the phrase " undergoing preventive imprisonment" in the conditions partially extincting criminal liability.

Article 97 discusses the allowance for good credit. An offender qualified for credit for preventive imprisonment shall be pursuant to Article 29 of the Revised Penal Code. Instead of five days, the amended article shall allow a deduction of two days for each month of good behavior in the first two years, 23 days for each month of good behavior during the third to fifth year, 25 days for each month of good behavior during the sixth to tenth year and 30 days for each month of good behavior from the eleventh and successive years of the imprisonment.

"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," Article 97 adds.

"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," as amended on Article 98 or the Special time allowance for loyalty. (OLIVE CAUNAN, PRIB)

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