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New IRR of the Expanded GCTA Law or RA 10592:

What are its effects to Jail Management?

I.​ Introduction

The Department of Justice (DOJ) and the Department of Interior


and Local Government (DILG) have finally released the revised
implementing rules and regulations of Republic Act 10592 or the Expanded
Good Conduct Time Allowance (GCTA). This grant is accorded to the
Persons Deprived of Liberty (PDL) on their good conduct entitling them
deductions from possible maximum imposable imprisonment or period of
sentence. However, this new IRR disqualifies PDL who are habitual
delinquents, recidivists, escapees, and charged with heinous crimes from
earning GCTAs, other time allowances that may shorten the time they serve
their sentences, and credit for preventive imprisonment. The released of this
new IRR is a serious challenge to all jail facilities in our country, to include
the Provincial and Sub-Provincial Jails, the municipal, district and city jails
under the Bureau of Jail Management and Penology and the penal colonies
of the Bureau of Corrections since they are tasked for the development,
formulation, and updating of their existing operations manual,
comprehensive templates, computation tables, graduated list of penalties
and other reference materials for the effective implementation of this law. A
various change on the current situation of our jails due to the salient
amendments found in the new Implementing Rules and Regulations of
Republic Act 10592.Therefore, this research is an aid in determining the
different effects in the implementation of the New IRR of Republic Act 10592
to the PDL, personnel and the jail management.

II.​ Body

Under the new Implementing Rules and Regulation (IRR) of GCTA,


“Good Conduct” means the conspicuous and satisfactory behavior of a detention
or convicted prisoner consisting of active involvement in rehabilitation programs,
productive participation in authorized work activities, or accomplishment of
exemplary deeds coupled with faithful obedience to all prison/jail rules and
regulations. The primary purpose of the GCTA law is to serve rehabilitative and
restorative justice for the Persons Deprived of Liberty who are serving sentence
by final judgement and those who are undergoing preventive imprisonment. This
revised implementing rules and regulations of Republic Act 10592 undergone
many issues prior to its approval and implementation. Arguments were raised in
favor and against with the implementation of the New GCTA Law. The following
are the arguments in favor on the implementation of the New GCTA Law due for
its positive effects to the jail management.

1. Under the revised implementing rules and regulations of RA 10592,


disqualified PDL to avail the GCTA law and other time allowances
were already clarified. It clearly indicates who among are not
included to avail the benefits or RA 10592. Therefore, the BUCOR,
BJMP and Provincial jails are no longer confused on whom will
avail the GCTA.

2. ​The New IRR of GCTA law provides clearer definition of heinous


crimes. This will follow the list of heinous crimes punishable by death
as provided in RA 7659, as amended otherwise known as the Death
Penalty Law and those crimes specifically declared as such by the
Supreme Court. The death penalty law only used as a basis. Those
PDL who are charged with heinous crimes are considered
disqualified to avail the benefits of the GCTA. Further, indicating
clearer definition of heinous crimes aided those Prison/Jail authorities
to identify who among those PDL under custody are entitled for time
allowances and credits.

3. To encourage sustained behavior among PDL, the new IRR says


accrued time allowances shall be granted at the end of the prisoners
2​nd year, 5​th year, 10​th year and every year thereafter (Section 2 Rule
IX). In this new rule it clearly stated how time allowances shall be
granted to the qualified PDL.

4. ​Under the new IRR each Management Screening and Evaluation


Committee (MSEC) in every jail facility shall assess, evaluate and
recommend to the Wardens the recognition of CPI and the grant of
GCTA, TASTM or STAL to a qualified PDL. This will help the Jail
Wardens to identify who are qualified to avail the advantages of the
GCTA.

5. ​MSEC invitation of representative from accredited civil society


organizations to appear as observers during deliberation will improve
transparency in the computation of time allowances for qualified PDL.

The revised implementing rules and regulations of this GCTA law has a great impact on
the management and administration of jail facilities. Cited arguments above favors for this
new IRR, but then, there were also against with the implementation of this law. Below are
arguments against the implementation of the Expanded GCTA Law because of its possible
adverse effect to the jail management.

1. ​The implementation of the New IRR on GCTA affects the security of


each jails facility. Possible escapes, jail break, riots, noise barrage
and other disturbances might happen because many PDL were
against with the revisions of the GCTA law.

2. Since the new IRR on GCTA limits the recidivist, habitual


delinquents, escapees, those charged with heinous crimes and an


accused who, upon being summoned for the execution of his
sentence has failed to surrender voluntarily before a court of law,
are excluded from good conduct time allowance, a congestion in jail
is expected to happen which will result to ineffective jail
management.

3. The legal intent of the GCTA law is to deduct the sentences of


convicts, depending on how well they abide by rules and regulations


inside any penal institution, rehabilitation, or detention center or any
other local jail. However, the new IRR limits by identification those
convicts who can avail the benefits of the said law. Given this fact,
the said new IRR is conflicting with the legal intent of the law.

4. ​The new procedures and standards of behavior for the grant of good
conduct time allowance requires the creation of a Management,
Screening and Evaluation Committee involved by jail personnel. A
supervisor will also be assigned to screen the Persons Deprived of
Liberty time allowance which will also be reviewed by Management,
Screening and Evaluation Committee for appropriate action,
including recommendation to prison authorities, of the grant of the
time allowance. These additional workloads are expected to
negatively affect the jail management given that there are only few
numbers of jail personnel in relation to the number of PDLs.

5. ​Since the decongestion programs of jails will be affected by the said


new IRR, the jail will be task to conduct more development
programs for PDLs which include the provisions of their basic
needs, health care services, spiritual upheaval, livelihood services,
educational programs, and recreational programs is expected

Conclusion:

The new Implementing Rules and Regulations of Good Conduct and Time Allowance
had undergone a lot of discussions and revisions. It was no doubt that Republic Act
10592 or GCTA law is a good law, it seeks to promote a rehabilitation criminal justice-
one that seeks help rather than to punish. Moreover, it seeks to unclog the country’s
overpopulated jails. However, there is a need to determine whether the criterion used in
the implementing rules of the law is consistent in the very law it seeks to implement.
Moreover, the capacity of jail management should be primarily considered in
implementing new regulations to prevent negative effects to jail facilities as well as
PDLs.
Outline Re: New IRR of the Expanded GCTA Law or
RA 10592:

What are its effects to Jail Management?

I.​ Introduction

1. Overview of the New IRR of the Expanded GCTA Law or RA 10592.

2. Jail Management and its connection to GCTA Law.

3. Determine the importance of conducting research on the subject matter.

4.​ ​ Define all terms relevant to the topic.

II.​ Body

1. Further discussion of the GCTA Law


a. Pros and Cons in the implementation of the New IRR of GCTA
Law.

2. The new IRR of the Expanded GCTA Law

a. Salient amendments included in the new IRR.

b. Issues raised on the former IRR that was resolved in the new
IRR.

3. Citation of some decided cases relating to:

a. Application of former GCTA law.

b. Application of new IRR of the Expanded GCTA law.

4. General idea on the different jails in the country which are affected by the
New IRR of the GCTA Law.

5. Effects of GCTA to Jail Management

a. Importance of GCTA Law to Jail Management.

b. Feedbacks about the new IRR gathered through interviews of


selected jail personnel.
c. Citation of experiences and feedbacks about the GCTA law from
selected PDL undergoing preventive imprisonment. (​Shall be
Based on the answer of the detainees on the interview to be
conducted​)

d. ​Citation of experiences and feedbacks about the GCTA Law from


selected PDL already serving sentence. (​Shall be based on the
answer of the Insular Prisoners on the interview to be conducted)​

III.​ Conclusion

1. ​Given the facts gathered, state the most common effect of the new IRR of
the Expanded GCTA law or RA 10592 to Jail Management.

2.​ ​Summary and recommendations of the main points of the subject.

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