SPL 2.6-10 PDF
SPL 2.6-10 PDF
SPL 2.6-10 PDF
10159 April 10, 2012 not relieve him from the fine in case his financial
circumstances should improve." (As amended by
AN ACT AMENDING ARTICLE 39 OF ACT NO. Republic Act No. 5465, which lapsed into law on April
3815, AS AMENDED, OTHERWISE KNOWN AS 21, 1969.)
THE REVISED PENAL CODE
Section 2. Separability Clause. – If any provision or
Be it enacted by the Senate and House of part hereof is held invalid or unconstitutional, the
Representatives of the Philippines in Congress remainder of the law or the provision not otherwise
assembled: affected shall remain valid and subsisting.
Section 1. Article 39 of Act No. 3815, as amended, is Section 3. Repealing Clause. – All laws, presidential
hereby further amended to read as follows: decrees or issuances, executive orders, letters of
instruction, administrative orders or rules and
"Art. 39. Subsidiary Penalty. – If the convict has no regulations which may be inconsistent with this Act
property with which to meet the fine mentioned in shall be deemed repealed, amended or modified
paragraph 3 of the next preceding article, he shall be accordingly.
subject to a subsidiary personal liability at the rate of
one day for each amount equivalent to the highest Section 4. Effectivity. – This Act shall take effect
minimum wage rate prevailing in the Philippines at the fifteen (15) days following its publication in the Official
time of the rendition of judgment of conviction by the Gazette or in two (2) newspapers of general
trial court, subject to the following rules: circulation.
"1. If the principal penalty imposed be prision REPUBLIC ACT No. 10592
correctional or arresto and fine, he shall remain under
confinement until his fine referred in the preceding AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND
paragraph is satisfied, but his subsidiary 99 OF ACT NO. 3815, AS AMENDED, OTHERWISE
imprisonment shall not exceed one-third of the term of KNOWN AS THE REVISED PENAL CODE
the sentence, and in no case shall it continue for more
than one year, and no fraction or part of a day shall Be it enacted by the Senate and House of
be counted against the prisoner. Representatives of the Philippines in Congress
assembled:
"2. When the principal penalty imposed be only a fine,
the subsidiary imprisonment shall not exceed six Section 1. Article 29 of Act No. 3815, as amended,
months, if the culprit shall have been prosecuted for a otherwise known as the Revised Penal Code, is
grave or less grave felony, and shall not exceed hereby further amended to read as follows:
fifteen days, if for a fight felony.
"ART. 29. Period of preventive imprisonment
"3. When the principal penalty imposed is higher deducted from term of imprisonment. –
than prision correctional, no subsidiary imprisonment Offenders or accused who have undergone
shall be imposed upon the culprit. preventive imprisonment shall be credited in
the service of their sentence consisting of
"4. If the principal penalty imposed is not to be deprivation of liberty, with the full time during
executed by confinement in a penal institution, but which they have undergone preventive
such penalty is of fixed duration, the convict, during imprisonment if the detention prisoner
the period of time established in the preceding rules, agrees voluntarily in writing after being
shall continue to suffer the same deprivations as informed of the effects thereof and with the
those of which the principal penalty consists. assistance of counsel to abide by the same
disciplinary rules imposed upon convicted
"5. The subsidiary personal liability which the convict prisoners, except in the following cases:
may have suffered by reason of his insolvency shall
"1. When they are recidivists, or "ART. 94. Partial extinction of criminal
have been convicted previously liability. – Criminal liability is extinguished
twice or more times of any crime; partially:
and
"1. By conditional pardon;
"2. When upon being summoned for
the execution of their sentence they "2. By commutation of the
have failed to surrender voluntarily. sentence; and
"If the detention prisoner does not agree to "3. For good conduct allowances
abide by the same disciplinary rules imposed which the culprit may earn while he
upon convicted prisoners, he shall do so in is undergoing preventive
writing with the assistance of a counsel and imprisonment or serving his
shall be credited in the service of his sentence."
sentence with four-fifths of the time during
which he has undergone preventive Section 3. Article 97 of the same Act is hereby further
imprisonment. amended to read as follows:
"Credit for preventive imprisonment for the "ART. 97. Allowance for good conduct. – The
penalty of reclusion perpetua shall be good conduct of any offender qualified for
deducted from thirty (30) years.1âwphi1 credit for preventive imprisonment pursuant
to Article 29 of this Code, or of any convicted
"Whenever an accused has undergone prisoner in any penal institution,
preventive imprisonment for a period equal rehabilitation or detention center or any other
to the possible maximum imprisonment of local jail shall entitle him to the following
the offense charged to which he may be deductions from the period of his sentence:
sentenced and his case is not yet
terminated, he shall be released immediately "1. During the first two years of
without prejudice to the continuation of the imprisonment, he shall be allowed a
trial thereof or the proceeding on appeal, if deduction of twenty days for each
the same is under review. Computation of month of good behavior during
preventive imprisonment for purposes of detention;
immediate release under this paragraph
shall be the actual period of detention with "2. During the third to the fifth year,
good conduct time allowance: Provided, inclusive, of his imprisonment, he
however, That if the accused is absent shall be allowed a reduction of
without justifiable cause at any stage of the twenty-three days for each month of
trial, the court may motu proprio order the good behavior during detention;
rearrest of the accused: Provided,
finally, That recidivists, habitual delinquents,
"3. During the following years until
escapees and persons charged with heinous
the tenth year, inclusive, of his
crimes are excluded from the coverage of
imprisonment, he shall be allowed a
this Act. In case the maximum penalty to
deduction of twenty-five days for
which the accused may be sentenced
each month of good behavior
is lestierro, he shall be released after thirty
during detention;
(30) days of preventive imprisonment."
"4. During the eleventh and
Section 2. Article 94 of the same Act is hereby further
successive years of his
amended to read as follows:
imprisonment, he shall be allowed a
deduction of thirty days for each
month of good behavior during Section 6. Penal Clause. – Faithful compliance with
detention; and the provisions of this Act is hereby mandated. As
such, the penalty of one (1) year imprisonment, a fine
"5. At any time during the period of of One hundred thousand pesos (P100,000.00) and
imprisonment, he shall be allowed perpetual disqualification to hold office shall be
another deduction of fifteen days, in imposed against any public officer or employee who
addition to numbers one to four violates the provisions of this Act.
hereof, for each month of study,
teaching or mentoring service time Section 7. Implementing Rules and Regulations. –
rendered. The Secretary of the Department of Justice (DOJ) and
the Secretary of the Department of the Interior and
"An appeal by the accused shall not deprive Local Government (DILG) shall within sixty (60) days
him of entitlement to the above allowances from the approval of this Act, promulgate rules and
for good conduct." regulations on the classification system for good
conduct and time allowances, as may be necessary,
Section 4. Article 98 of the same Act is hereby further to implement the provisions of this Act.
amended to read as follows:
Section 8. Separability Clause. – If any part hereof is
"ART. 98. Special time allowance for held invalid or unconstitutional, the remainder of the
loyalty. – A deduction of one fifth of the provisions not otherwise affected shall remain valid
period of his sentence shall be granted to and subsisting.
any prisoner who, having evaded his
preventive imprisonment or the service of his Section 9. Repealing Clause. – Any law, presidential
sentence under the circumstances decree or issuance, executive order, letter of
mentioned in Article 158 of this Code, gives instruction, administrative order, rule or regulation
himself up to the authorities within 48 hours contrary to or inconsistent with the provisions of this
following the issuance of a proclamation Act is hereby repealed, modified or amended
announcing the passing away of the calamity accordingly.
or catastrophe referred to in said article. A
deduction of two-fifths of the period of his Section 10. Effectivity Clause. – This Act shall take
sentence shall be granted in case said effect fifteen (15) days from its publication in
prisoner chose to stay in the place of his the Official Gazette or in at least two (2) new papers
confinement notwithstanding the existence of of general circulation.
a calamity or catastrophe enumerated in
Article 158 of this Code. Approved,
"This Article shall apply to any prisoner PRESIDENTIAL DECREE No. 1829
whether undergoing preventive
imprisonment or serving sentence." PENALIZING OBSTRUCTION OF APPREHENSION
AND PROSECUTION OF CRIMINAL OFFENDERS
Section 5. Article 99 of the same Act is hereby further
amended to read as follows:" WHEREAS, crime and violence continue to proliferate
despite the sustained vigorous efforts of the
"ART. 99. Who grants time allowances. – government to effectively contain them;
Whenever lawfully justified, the Director of
the Bureau of Corrections, the Chief of the WHEREAS, to discourage public indifference or
Bureau of Jail Management and Penology apathy towards the apprehension and prosecution of
and/or the Warden of a provincial, district, criminal offenders, it is necessary to penalize acts
municipal or city jail shall grant allowances which obstruct or frustrate or tend to obstruct or
for good conduct. Such allowances once
granted shall not be revoked."
frustrate the successful apprehension and (f) making, presenting or using any record,
prosecution of criminal offenders; document, paper or object with knowledge of
its falsity and with intent to affect the course
NOW, THEREFORE, I, FERDINAND, E. MARCOS, or outcome of the investigation of, or official
President of the Philippines, by virtue of the powers proceedings in, criminal cases;
vested in me by law do hereby decree and order the
following: (g) soliciting, accepting, or agreeing to
accept any benefit in consideration of
Section 1. The penalty of prision correccional in its abstaining from, discounting, or impeding the
maximum period, or a fine ranging from 1,000 to prosecution of a criminal offender;
6,000 pesos, or both, shall be imposed upon any
person who knowingly or willfully obstructs, impedes, (h) threatening directly or indirectly another
frustrates or delays the apprehension of suspects and with the infliction of any wrong upon his
the investigation and prosecution of criminal cases by person, honor or property or that of any
committing any of the following acts: immediate member or members of his family
in order to prevent such person from
(a) preventing witnesses from testifying in appearing in the investigation of, or official
any criminal proceeding or from reporting the proceedings in, criminal cases, or imposing a
commission of any offense or the identity of condition, whether lawful or unlawful, in
any offender/s by means of bribery, order to prevent a person from appearing in
misrepresentation, deceit, intimidation, force the investigation of or in official proceedings
or threats; in, criminal cases;
(e) delaying the prosecution of criminal ACT NO. 3326 - AN ACT TO ESTABLISH PERIODS
cases by obstructing the service of process OF PRESCRIPTION FOR VIOLATIONS PENALIZED
or court orders or disturbing proceedings in BY SPECIAL ACTS AND MUNICIPAL
the fiscal's offices, in Tanodbayan, or in the ORDINANCES AND TO PROVIDE WHEN
courts; PRESCRIPTION SHALL BEGIN TO RUN
Section 1. Violations penalized by special acts shall,
unless otherwise provided in such acts, prescribe in
accordance with the following rules: (a) after a year
for offenses punished only by a fine or by
imprisonment for not more than one month, or both;
(b) after four years for those punished by
imprisonment for more than one month, but less than
two years; (c) after eight years for those punished by
imprisonment for two years or more, but less than six
years; and (d) after twelve years for any other offense
punished by imprisonment for six years or more,
except the crime of treason, which shall prescribe
after twenty years. Violations penalized by municipal
ordinances shall prescribe after two months. Sec.