Destierro, He Shall Be Released After Thirty (30) Days

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REPUBLIC ACT No.

10592 to which the accused may be sentenced is


AN ACT AMENDING ARTICLES 29, 94, 97, 98 destierro, he shall be released after thirty (30) days
AND 99 OF ACT NO. 3815, AS AMENDED, of preventive imprisonment."
OTHERWISE KNOWN AS THE REVISED
PENAL CODE Section 3. Article 97 of the same Act is hereby further
amended to read as follows:
Section 1. Article 29 of Act No. 3815, as amended,
otherwise known as the Revised Penal Code, is hereby "ART. 97. Allowance for good conduct. – The good
further amended to read as follows: conduct of any offender qualified for credit for
preventive imprisonment pursuant to Article 29 of
"ART. 29. Period of preventive imprisonment this Code, or of any convicted prisoner in any penal
deducted from term of imprisonment. – Offenders institution, rehabilitation or detention center or any
or accused who have undergone preventive other local jail shall entitle him to the following
imprisonment shall be credited in the service of deductions from the period of his sentence:
their sentence consisting of deprivation of liberty,
with the full time during which they have "1. During the first two years of imprisonment, he
undergone preventive imprisonment if the detention shall be allowed a deduction of twenty days for
prisoner agrees voluntarily in writing after being each month of good behavior during detention;
informed of the effects thereof and with the
assistance of counsel to abide by the same "2. During the third to the fifth year, inclusive, of
disciplinary rules imposed upon convicted his imprisonment, he shall be allowed a reduction
prisoners, except in the following cases: of twenty-three days for each month of good
behavior during detention;
"1. When they are recidivists, or have been
convicted previously twice or more times of any "3. During the following years until the tenth year,
crime; and inclusive, of his imprisonment, he shall be allowed
a deduction of twenty-five days for each month of
"2. When upon being summoned for the execution good behavior during detention;
of their sentence they have failed to surrender
voluntarily. "4. During the eleventh and successive years of his
imprisonment, he shall be allowed a deduction of
"If the detention prisoner does not agree to abide by thirty days for each month of good behavior during
the same disciplinary rules imposed upon convicted detention; and
prisoners, he shall do so in writing with the
assistance of a counsel and shall be credited in the "5. At any time during the period of imprisonment,
service of his sentence with four-fifths of the time he shall be allowed another deduction of fifteen
during which he has undergone preventive days, in addition to numbers one to four hereof, for
imprisonment. each month of study, teaching or mentoring service
time rendered.
"Credit for preventive imprisonment for the penalty
of reclusion perpetua shall be deducted from thirty "An appeal by the accused shall not deprive him of
(30) years. entitlement to the above allowances for good
conduct."
"Whenever an accused has undergone preventive
imprisonment for a period equal to the possible IMPLEMENTING RULES AND REGULATION
maximum imprisonment of the offense charged to OF REPUBLIC ACT NO. 10592, OTHERWISE
which he may be sentenced and his case is not yet KNOWN AS “AN ACT AMENDING ARTICLES
terminated, he shall be released immediately 29, 94, 97, 98 AND 99 OF ACT NO. 3815,
without prejudice to the continuation of the trial OTHERWISE KNOWN AS THE REVISE PENAL
thereof or the proceeding on appeal, if the same is CODE, AS AMENDED”
under review. Computation of preventive
imprisonment for purposes of immediate release RULE III
under this paragraph shall be the actual period of DEFINITION OF TERMS
detention with good conduct time allowance:
Provided, however, That if the accused is absent l. “Detainee’s Manifestation” - A written declaration
without justifiable cause at any stage of the trial, of a detained prisoner, with the assistant of a counsel,
the court may motu proprio order the rearrest of the stating his decision to abide by the same disciplinary
accused: Provided, finally, That recidivists, rules imposed upon a convicted prisoner for the purpose
habitual delinquents, escapees and persons charged of availing the full credit of the period of his preventive
with heinous crimes are excluded from the imprisonment;
coverage of this Act. In case the maximum penalty
m. “Detainee’s Waiver” - A written declaration of a date of release from prison or last
detained prisoner, with the assistant of a counsel, conviction of the crimes of serious or less
stating his refusal to abide by the same disciplinary serious physical injuries, robbery, theft,
rules imposed upon a prisoner convicted by final estafa, and falsification, is found guilty of
judgment and thus be entitled to a credit of four-fifths any said crimes a third time or oftener;
(4/5) of the time during preventive imprisonment; 3) Escapee
4) Person charged with heinous crimes
RULE IV (REPUBLIC ACT NO. 7659 - AN ACT TO IMPOSE
THE DEATH PENALTY ON CERTAIN HEINOUS
THE BENEFITS OF CREDIT FOR PREVENTIVE CRIMES, AMENDING FOR THAT PURPOSE
IMPRISONMENT (CPI) THE REVISED PENAL LAWS, AS AMENDED,
OTHER SPECIAL PENAL LAWS, AND FOR
OTHER PURPOSES)
Section 3. Who are Disqualified. – The grant of credit
i. Treason
of preventive imprisonment shall not apply to the
ii. Piracy and mutiny
following;
iii. Qualified piracy
a. An accused who is recidivist as defined under
iv. Qualified bribery
Article 14 (9), Chapter 111, Book 1 of the
v. Parricide
Revise Penal Code;
vi. Murder
b. An accused who has been convicted previously
vii. Infanticide
twice or more times of any crime; and
viii. Kidnapping and serious illegal
c. An accused who, upon being summoned for
detention
the execution of his sentence, has failed to
ix. Robbery with violence against or
surrender voluntarily before a court of law.
intimidation of persons (with
homicide)
Section 4. Effect of Detainee’s Manifestation. – An
x. Destructive arson
accused who has undergone preventive imprisonment
xi. Rape
shall be credited with the full time during which he has
xii. Plunder
undergone preventive imprisonment if;
xiii. Importation of prohibited drugs
a. He agrees voluntarily, in writing, to abide by
xiv. Sale, administration, delivery,
the same disciplinary rules imposed upon
distribution and transportation of
convicted prisoners; if
prohibited drugs
b. Such undertaking is executed with the
xv. Maintenance of a den, dive or resort
assistance of the counsel.
for prohibited drug users
xvi. Manufacture of prohibited drugs
Section 5. Effect of Detainee’s Waiver. – An accused
xvii. Possession or use of prohibited
who has undergone preventive imprisonment and who
drugs
does not agree to abide by the same disciplinary rules
xviii. Cultivation of plants which are
imposed upon prisoners convicted by final judgment
sources of prohibited drugs
shall be credited by the service of his sentence with
xix. Importation of regulated drugs
four-fifths (4/5) of the time during which he has
xx. Manufacture of regulated drugs
undergone preventive imprisonment if;
xxi. Sale, administration, dispensation,
a. He shall do in writing
delivery, transportation and
b. With the assistance of counsel.
distribution of regulated drugs
xxii. Maintenance of a den, dive or resort
Section 6. Provisional Release while under Preventive
for regulated drug users
Imprisonment -
xxiii. Possession or use of regulated drugs
a. Whenever an accused has undergone
xxiv. Planting of evidence
preventive imprisonment for a period equal to
xxv. Carnapping
the imposable maximum imprisonment of the
offense charged to which he my be sentenced
b. If the maximum penalty to which the accused
and his case is not yet decided, he shall be
may be sentenced is destierro, he shall be
released immediately without prejudice to the
released after thirty (30) days of imprisonment.
continuation of the trial thereof or the
proceeding on appeal, if the same is under
The computation of preventive imprisonment for
review, except for the following:
purposes of immediate release shall be the actual period
1) Recidivist – A person who, at the time his
of detention with good conduct time allowance;
trial for one crime, shall have been
provided, however, that if the accused is absent without
previously convicted by final judgment of
motu propio order the re-arrest of the accused.
other crime embraced and the same title of
the Revise Penal Code, as amended;
2) Habitual Delinquent – A person who,
within the period of ten (10) years from the

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