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I. INTRODUCTION
This module will cover three components, all of which affect the service of sentence of a person deprived of liberty:
These three topics will be discussed successively. They are all components in computing the expected date of release of a convict.
Important terms:
1. Person Deprived of Liberty (PDL) – person confined in prison whether detained or convicted by final judgment
2. Prison Authorities – Chief of the Bureau of Jail Management and Penology, Wardens of City/District/Municipal/Provincial
Jails and Director General of the Bureau of Corrections
3. Recidivist – a person who, at the time of his/her trial for one crime, shall have been previously convicted by final judgment of
another crime embraced in the same title of the Revised Penal Code, as amended
4. Preventive Imprisonment – temporary confinement in prison while undergoing investigation or trial or awaiting final judgment
Note: The following rules are based on Art 29, 94, 97, 98, and 99 of the Revised Penal Code. These provisions of have been amended
by RA 10529, the effectivity of which begins only on October 10, 2013. Thus, prior to October 10, 2013, the CPI/GCTA/STAL is
computed based on the old rules. This module will provide a comparative table between the old and new rules for each, as well as how
they will be applied in determining the expected date of release.
Additionally, in order to make this module understandable and easier to teach, it is better to think of the system on time allowances as a
point system, wherein for each number of days deducted from the service of sentence will be considered as points. At the end of the
year, the points accumulated for that year will be counted and deducted from the total years to be served.
WHAT IS CPI?
Credit for Preventive Imprisonment or CPI is the time credited for the temporary confinement in jail or prison while undergoing
investigation or trial, or awaiting final judgment. Thus, even if a person is not yet convicted, the time he spends in prion is counted as
points in his favor in case he is subsequently convicted.
Table of comparison for the old and new rule is provided below. The rules with regard to the CPI itself remained the same, wherein the
entire or only 4/5 of the preventive imprisonment will be credited to the service of penalties. At most, the amendment only added new
rule with regard to CPI for reclusion perpetua and the requirement of counsel in signing a PDL’s manifestation or waiver.
The following persons are not entitled to full credit of their preventive imprisonment:
However, a PDL who did not qualify for the grant of full CPI shall be entitled to a credit of 4/5 of preventive imprisonment provided
that he signs PDL’s Waiver.
1. The prison authority shall inform the PDL that the latter’s period of preventive confinement shall be deducted from the term of
his imprisonment according to Art 29 of the RPC.
2. If PDL agrees, in writing, to abide by the same disciplinary rules imposed upon convicted prisoners, he/she shall be credited
with the full time during which he has undergone preventive imprisonment. This is also known as PDL’s Manifestation.
Note: RA 10592 now requires that the PDL’s Manifestation be signed in the presence of counsel. No such requirement before.
3. If the PDL does not want to sign the PDL’s Manifestation after the benefits were explained, he/she shall sign a PDL’s Waiver
containing a declaration that:
a. Article 29, RPC was fully explained and understood by him/her; and
b. He/she does not want to avail of its benefits or to abide by the disciplinary rules imposed upon convicted prisoners
The execution of this waiver shall entitle the PDL to only 4/5 credit of his preventive confinement.
4. If PDL has undergone preventive imprisonment for a period equal to the maximum imposable penalty and the case is not yet
terminated, the PDL shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding
on appeal; except for:
a. Recidivists
b. Habitual delinquents
c. Escapees
d. Persons charged with heinous crimes (RA 10592)
5. A PDL who is a recidivist, habitual delinquent, escapee, or charged with a heinous crime may be credited with the full time of
his preventive imprisonment and avail of time allowances but he shall not be released under Art 29 of the RPC even if he has
reached the maximum impossible penalty until his conviction and service of sentence.
6. If the maximum penalty to which the accused may be sentenced is destierro, he/she shall be released after 30 days of preventive
imprisonment.
7. Whenever PDL’s preventive confinement, including the time allowances granted, is amount to reach the maximum imposable
penalty, the counsel of the PDL shall be informed. In the absence of counsel, the prison authorities shall assist the PDL in
availing the release in accordance with Article 29, RPC.
It shall be the responsibility of the prison authorities to monitory the preventive confinement of PDL to avoid overstaying. It is necessary
to compute the expected date of release of each PDL at the end of each month.
A PDL who is confined in prison and charged with two or more offenses shall be credited with CPI. Upon conviction, CPI and other
time allowances earned shall be credited to the service of penalties. The order of their respective severity shall be followed so that they
may be executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty or penalty first
imposed, or should they have been served out.
The respective severity of the penalties shall be determined in accordance with the following:
1. Death;
2. Reclusion perpetua;
3. Reclusion temporal;
4. Prision mayor;
5. Prision correccional;
6. Arrest mayor;
7. Arrest menor.
If not favorable to the PDL, the maximum duration of sentence shall not be more than three-fold the length of time corresponding to the
most severe of the penalties imposed. No other penalty shall be inflicted after the sum total of those imposed equals the same maximum
period. Accordingly, such maximum period shall in no case exceed 40 years.
In applying the successive service of sentence, the duration of perpetual penalties shall be computed at thirty years.
Definition of GCTA
“Good conduct time allowance (GCTA)” reduces the actual time a PDL serves his/her sentence for complying with jail/prison rules and
regulations. The new law provided for additional days to be credited in favor of the PDL.
“Time allowance for Study, Teaching, or Mentoring (TASTM)” is a new feature brought by RA 10591. It is a privilege of 15 days
granted for each month of studying, teaching and mentoring service.
It must be emphasized that this applies only to PDLs convicted by final judgment and is serving their sentence.
The basis of GCTA and TASTM is Art. 97 of the Revised Penal Code, as amended by RA 10592. A summary of the old and new law
is provided below.
Qualifications
PDL deemed qualified, as recommended by MSEC and approved by the appropriate prison authorities.
If the PDL violated any of the following within a month, he/she shall not be entitled for the grant of GCTA within the said month.
It is important to note, however, that any violation of the jail rules does not reduce the GCTA already earned. It only means that an
inmate cannot earn GCTA during the month of disqualification. For example, if a PDL has been credited 5 days for September, but
engages in any of the following acts for October, his 5 day credit in September will not be nullified. However, he is disqualified from
gaining GCTA for the month of October.
1. Unauthorized selling or bartering with fellow PDL of items not classified as contraband;
2. Unauthorized rendering of personal service to fellow PDL;
3. Littering or failing to maintain cleanliness and orderliness in quarters and/or surroundings;
4. Making frivolous or groundless complains;
5. Taking the cudgels for reporting complaints on behalf of other PDLs;
6. Late in formation during PDL headcount without justifiable reason;
7. Willful waste of food;
8. Failure to report for work without sufficient justification;
9. Failure to render assistance to an injured personnel or fellow PDL;
10. Failure to assist in putting out fires inside the prison;
11. Behaving improperly or acting boisterously during religious, social, and other group functions;
12. Swearing, cursing or using profane or defamatory language directed at other persons;
13. Malingering or pretending to be sick to escape work assignment;
14. Spreading rumors or malicious intrigues to besmirch the honor of any person;
15. Failure to stand at attention and give due respect when confronted by or reporting to any prison authority;
16. Forcing fellow PDL to render personal service for him/her and/or to other;
17. Exchanging uniforms or wearing clothes other than those issued for the purpose of circumventing the jail rules;
18. Loitering or being in an authorized place;
19. Unauthorized use of communication equipment;
20. Writing, defacing, or drawing on walls, floors or any furniture or equipment;
21. Withholding information which may be inimical or prejudicial to prison security;
22. Possession of lewd or pornographic literature, photographs, and sexual items;
23. Absence from cell, brigade, place of work during headcount, or at any time without justifiable reason;
24. Failure to turn over any implement/article issued after work detail;
25. Making untruthful statements or lies in any official communication, transaction, or investigation;
26. Keeping or concealing keys or locks of places in the prison which are off-limits to PDLs;
27. Giving gifts, selling, or bartering with any prison authority;
28. Keeping unauthorized amount of money, jewelry, cellular phones, or other communications devices, luxurious properties and
other items classified as contraband under the rules;
29. Tattooing others or allowing him/her to be tattooed on any part of the body, or keeping nay paraphernalia to be used in tattooing;
30. Forcibly taking or extorting money from fellow PDL or visitors;
31. Punishing or inflicting injury or any harm upon him/herself or other PDL;
32. Receiving, keeping, taking or drinking liquor and prohibited drugs and smoking;
33. Making, improvising or keeping any kind of deadly weapon;
34. Concealing or withholding information on plans of escapes;
35. Unruly conduct and flagrant disregard of discipline and instructions;
36. Escaping, attempting or planning to escape from the institution or from any guard;
37. Helping, aiding, or abetting others to escape;
38. Fighting, causing any disturbance or participating therein and/or agitating to cause such disturbance or riot;
39. Indecent, immoral, or lascivious acts;
40. Willful disobedience to a lawful order issued by any prison authority;
41. Assaulting any prison personnel;
42. Damaging any government property or equipment;
43. Participating in kangaroo court, an unauthorized or irregular court conducted with disregard for or perversion of legal
procedures as mock court by the PDL in a prison
44. Failing to inform the authorities concerned when afflicted with any communicable disease, such as tuberculosis, sexually-
transmitted diseases, etc.;
45. Engaging in gambling or any game of chance;
46. Committing an act which is in violation of any law or ordinance;
47. Committing an act prejudicial to good order and discipline;
48. Any behavior which might lead to disorder or violence or such other actions that may endanger the facility, the outside
community or others;
49. Any act analogous to the foregoing.
PDL who did not participate in any recognized studying, teaching, or mentoring activity.
Exclusivity
It is important to stress that disqualification from GCTA does not automatically disqualify PDL for the grant of TASTM and vice versa.
Thus, a PDL may have been disqualified to avail of GCTA in the month of September because of assaulting any prison personnel. This
does not affect his eligibility for TASTM as long as he participates in any recognized studying, teaching, or mentoring activity.
Time Allowance Supervisors (TAS) – tasked with monitoring, screening and evaluation of the behavior, conduct and participation of
PDL, within their respective prison facilities and submit report to MSEC for appropriate action
Management, Screening and Evaluation Committee (MSEC) – responsible for the screening and evaluation of entitlement for GCTA,
TASTM, Special Time Allowance for Loyalty and shall submit their recommendation to prison authorities. It shall evaluate the records
of the TAS to determine the degree of participation of PDLs in development and work activities.
1. PDL shall be automatically screened and evaluated by TAS for GCTA/TASTM at the end of each month for submission to the
MSEC for appropriate action;
2. MSEC will recommend to the prison authorities that the PDL be granted GCTA/TASTM;
3. The prison authority may:
a. APPROVE the recommendation and issue a certificate granting GCTA/ TASTM for the particular period
b. DISAPPROVE the recommendation if the PDL is disqualified or that there are errors in the evaluation of the conduct
c. RETURN the recommendation without action for corrections as regards the names, PDL number or other clerical,
inadvertent, mathematical error.
4. The approved/disapproved allowance of PDL shall be posted in a conspicuous place inside prison facility
5. Appeal to prison authorities from disqualified or return time allowances may be made on the following grounds
a. PDL recommended is not qualified
b. Errors attended the evaluation of the PDL
1I put it as optional because if the module takes up too much time to discuss, I think this part would be the least concern of the
participants.
• Automatic Screening and Evaluation of PDL by TAS
1
• MSEC deliberations
2
• MSEC Resolution/Recommendation
3
• Approval/Disapproval/Return by Warden
4
Special time allowance for loyalty or STAL is a privilege granted to a PDL who, having evaded his sentence due to a calamity or
analogous circumstance, gives himself up within 48 hours after a proclamation that said calamity or analogous circumstance has passed.
It must be emphasized that this applies to both preventive imprisonment, and imprisonment after conviction.
The basis of STAL is Art. 98 of the Revised Penal Code, as amended by RA 10592. A summary of the old and new law is provided
below.
DECLARATION OF CALAMITY
The proclamation for the declaration and passing away of the calamity may be issued by the President or Local Chief Executives.
The twin requirement of the proclamation of the passing away of the calamity and determination of the extent of damages suffered by
the jail or prison giving the PDL opportunity to escape shall be complied with for the grant of STLA.
The calamity must be included in those identified under Art 158, RPC:
1. Conflagration;
2. Earthquake;
3. Explosion;
4. Similar catastrophe; or
5. During mutiny in which the PDL has not participated
1. PDL evaded the period of preventive imprisonment or service of sentence on occasion of disorder or chose to stay resulting
from any of the following:
a. Conflagration
b. Earthquake;
c. Explosion;
d. Similar catastrophe; or
e. During mutiny in which the PDL has not participated
2. There must be a prior declaration of calamity and its passing away;
3. PDL surrenders to the authorities within 48 hours following such proclamation of passing away of calamity or catastrophe
a. 1/5 deduction for those who escaped; or
b. 2/5 deduction for those who chose to stay.
IV. COMPUTATION2**
Let us review the tables.
Old Law:
Factors Deductions
Number of Years First two years of 5 days for each month of good behavior;
imprisonment (1st month – 2
years)
Third and Fifth year (2 years 8 days for each month of good behavior;
and 2 day – 5 years)
Following year up to 10th year 10 days for each month of good behavior;
(5 years and 1 day – 10 years)
Eleventh and successive years 15 days for each month of good behavior.
(10 years and 1 day and above)
As amended by RA 10592
Factors Deductions
Number of Years First two years of 20 days off for each month of actual service of
imprisonment (1st month – 2 sentence
years)
Third and Fifth year (2 years 23 days off for each month of each month of
and 2 day – 5 years) actual service of sentence
Following year up to 10th year 25 days off for each month of actual service of
(5 years and 1 day – 10 years) sentence
Eleventh and successive years 30 days for each month of actual service of
(10 years and 1 day and above) sentence
PDL engaged at any time in At any time during the period 15 days off for each month of confinement
a recognized study, teaching of imprisonment, for each
or mentoring activity, month of study, teaching or
pursuing a post-graduate, mentoring service time
college degree, primary or rendered.
secondary education,
vocational/technical skill or
values development
program.
Thus, it is important to determine when the GCTA will be credited. If it is before October 10, 2013, then apply the old table values.
Otherwise, apply the new table of values. There is an ongoing petition to apply the new GCTA Rules to all PDLs, including those
imprisoned before October 10, 2013 since the Rules are beneficial to the accused.
2
Consider doing the lecture beginning with the computation and just expounding on the variables as you go along.
Computation for Expected Dates of Release (if not yet convicted):
where:
EDR = Expected Date of Release
DD = Date of Detention
Pmax = Maximum Imposable Penalty
Tgap = Gap of Detention (e.g. Time at Large, Time on Bail, Time on Release on
Recognizance
TA = Time Allowance Earned
Where:
TA = GTCA + TASTM + STAL
Note: Values are computed based on calendar units. Thus, a year is equal to 12 months, and one month is 30 days
Example 1:
PDL A was accused of robbery in an inhabited place and took cash and jewelry amounting to P200,000.00 before Branch 76
of the Regional Trial Court of Quezon City. PDL A was originally committed on June 01, 2015. He signed detainee’s
manifestation.
DD 2015 / 06 / 01
+ Pmax 20 / 0 / 0
+ Tgap 0 /0 / 0
- TA 0 /0 / 0
--------------------------------------------------------------------------------
EDR 2035 / 06 / 01
Scenario 2: PDL A participated in more than half of the activities in jail and did not violate any jail regulation. Hence, he is entitled to
20 days of GCTA. In addition, having only studied until Grade Two, he pursued his education by enrolling in the Alternative Learning
System in the jail accredited by the Department of Education which earns him an additional 15 days of TASTM.
With 20 years as the maximum imposable penalty, what would be his expected date of release after 6 months (on December
01, 2015) inside jail?
Given:
Name of PDL: A
Offense Committed: Robbery
Imposable Penalty (Pmax): 20 years
Date of Detention (DD): June 01, 2015
Time Gap (Tgap): 0 day
Time Allowance (TA): 20 days for GTCA and 15 days for TASTM for every month
DD 2015 / 06 / 01
+ Pmax 20 / 0 / 0
+ Tgap 0 /0 / 0
- TA 0 /7 / 0
--------------------------------------------------------------------------------
DD 2014 / 18 / 01
+ Pmax 20 / 0 / 0
+ Tgap 0 /0 / 0
- TA 0 /7 / 0
--------------------------------------------------------------------------------
EDR 2034 / 11 / 01
where:
EDR = Expected Date of Release
DT = Date Transferred from Jails to BuCor
IP = Imposed Penalty
Tgap = Gap of Detention (e.g. Time at Large, Time on Bail, Time on
Release on Recognizance
TA = Time Allowance Earned
Where:
TA = GTCA + TASTM + STAL
CPI = Credit for Preventive Imprisonment
Where:
If PDL signed Waiver:
CPI = TCPI
If PDL did not sign the Waiver:
CPI = TCPI x 4/5
Where:
TCPI = Time Credited During
Preventive Imprisonment
TCPI = DC – DD - Tgap
Where:
DC = Date of Conviction (even pending
appeal)
Note: Values are computed based on calendar units. Thus, a year is equal to 12 months, and one month is 30 days
Example 2:
PDL was detained on June 1, 2015. He was convicted and imposed a penalty of 20 years on June 01, 2020. He was transferred to New
Bilibid Prison on the same date. He has been granted 2 years of time allowances in jail.
Given:
Name of PDL: A
Offense Committed: Robbery
Imposed Penalty (IP): 20 years
Date of Detention (DD): June 01, 2015
Time Gap (Tgap): 0 day
Time Allowance (TA): 2 years
Date of Conviction (DC/DT): June 01, 2020
TCPI = DC – DD – Tgap
DC 2020 / 06 / 01
- DD 2015 / 06 / 01
- Tgap 0 /0 / 0
--------------------------------------------------------------------------------
TCPI 5 /0 / 0
TCPI 2020 / 06 / 01
x 4/5 4/5
--------------------------------------------------------------------------------
CPI 4 /0 / 0
DT 2020 / 06 / 01
+ IP 20 / 0 / 0
+ Tgap 0 / 0/ 0
- TA 2 / 0/ 0
- CPI 4 / 0/ 0
--------------------------------------------------------------------------------
EDR 2034 / 06 / 01
TCPI = DC – DD – Tgap
DC 2020 / 06 / 01
- DD 2015 / 06 / 01
- Tgap 0 /0 / 0
--------------------------------------------------------------------------------
TCPI 5 /0 / 0
Step 2: CPI is equal to TCPi since PDL signed the waiver
CPI = TCPI = 5 / 0 / 0
DT 2020 / 06 / 01
+ IP 20 / 0 / 0
+ Tgap 0 / 0/ 0
- TA 2 / 0/ 0
- CPI 5 / 0/ 0
--------------------------------------------------------------------------------
EDR 2033 / 06 / 01
If PDL chose to stay in the place of his confinement: 2/5 from his/her imposable penalty or service of sentence.
Example:
Imposable penalty = 40 years
STAL = 40 x 2/5 = 16 years
This STAL value may then be used to compute Time Allowance (TA).
If PDL (1) evaded preventive imprisonment or service of sentence under the circumstances cited in Atr 158, RPC and (2)
gave himself/herself up to the authorities within 48 hours following the proclamation announcing the passing away of the calamity or
catastrophe referred to in the said article: 1/5 from his/her imposable penalty or service of sentence.
Example:
Imposable penalty = 40 years
STAL = 40 x 1/5 = 8 years
This STAL value may then be used to compute Time Allowance (TA).