Professional Documents
Culture Documents
01
29 May 2013
23 September 2013
10 October 2013
9 Dora Schriro, Is Good Time a Good Idea? A Practitioners Perspective, 21 FED. SENTG REP.
17981 (2009).
10 Knapp, supra note 10, at 681 n.9; see also Carl Reynolds, Sentencing and Corrections: From Crowding to
Equilibrium (and Back Again?), 69 TEX. B.J. 232, 233 (2006) (stating that in its pursuit of a (partial) solution to
overcrowding, the State of Texas engaged in substantial prison building throughout the 1990s).
11 Id.
12 Id.
3. The duty of the State to provide elementary and high school education
to its citizens, for free, is fulfilled even among those behind bars.
4. It is expected to usher an environment of peace, safety and
productivity in the jails as it will in large measure reduce idleness
among inmates and eliminate inmate inclination to escape, commit
violence or violate rules and regulations.
5. It will translate to a huge decrease in the over-all cost of law
enforcement and correction due to the resulting decline of the jail
population.
Note:
To avoid confusion to the grant of GCTA by some jails, the grant of GCTA
should start on October 10, 2013 following the effectivity of RA 10592.
thus shall be entitled to a credit of four-fifths (4/5) of the time during his
preventive imprisonment17;
Good Conduct refers to 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 regulations18;
Good Conduct Time Allowance (GCTA) a privilege granted to a
prisoner, whether detained or convicted by final judgment, entitling him to a
reduction of his jail or prison term for every month of actual detention or
service of sentence as a reward for good conduct and exemplary behavior19;
Habitual Delinquent a person who, within a period of ten (10) years
from the date of release from prison or last conviction of the crimes of
serious or less serious physical injuries, robbery, theft, estafa, and
falsification, is found guilty of any said crimes a third time or oftener20;
Management, Screening, and Evaluation Committee (MSEC) a
committee in charged to assess, evaluate, and recommend deduction to a
deserving inmate in the form of GCTA, STAL, and TASTM to the warden or
Chief, BJMP 21;
Preventive Imprisonment is a temporary confinement in jail or prison
while undergoing investigation or trial or awaiting final judgment22;
Recidivist a person who, at the time of his 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 amended23;
Special time Allowance for Loyalty (STAL) a privilege granted to a
prisoner, whether detained or convicted by final judgment, who has evaded
17 Id
18 Id
19 Id
20 Id
21 Section 3, Rule V, IRR of RA 10592
22 Section 1, Rule III, IRR of RA 10592
23 Id
What is CPI?
Is credit for the temporary confinement in jail or prison while
undergoing investigation or trial or awaiting final judgment.
What is the process for CPI?
1. The Jail Warden shall inform the inmate that the latters period of
preventive imprisonment shall be deducted from the term of his
imprisonment in accordance with Article 29 of the Revised Renal Code, as
amended.
2. If the inmate agrees voluntarily, in writing, to abide by the same
disciplinary rules imposed upon convicted prisoners and such undertaking is
24 Id
25 Id
26 Id
executed with the assistance of a counsel shall be credited with the full time
during which he has undergone preventive imprisonment.
On Disqualified Inmates
Grounds for Disqualification for Grant of Full Credit for
Preventive Imprisonment
If inmate:
Refused to sign Detainees Manifestation
Is a recidivists
Has been convicted previously twice or more times of any
crime
Has been summoned for the execution of his sentence, but
failed
to surrender voluntarily
Note: Inmates who did not qualify to be granted of full
credit for preventive imprisonment may still be entitled to a
credit of 4/5 of his preventive imprisonment.
4. If an inmate has undergone preventive imprisonment for a period
equal to the imposable maximum imprisonment of the offense charged to
which he may be sentenced and his case is not yet decided, he shall be
released immediately without prejudice to the continuation of the trial
thereof or the proceeding on appeal, except for:
(a) Recidivist
(b) Habitual Delinquent
(c) Escapee
(d) Person charged with heinous crimes
5. If the maximum penalty to which the accused may be sentenced is
destierro, he shall be released after thirty (30) days of preventive
imprisonment.
PROCEDURE FOR GRANT OF CPI
A. Mandatory procedures
1.
Upon commitment, an inmate shall be immediately apprised by the
Paralegal Officer, Inmate Welfare and Development Officer or Inmate Records
Officer of the benefits provided under Article 29, Revised Penal Code in the
presence of and assisted by his or her private counsel or a public attorney, in
a language known to and understood by the inmate.
Note: What if there is no available counsel?
In large jails, or if the inmates do not have their counsel yet at the time
of their commitment in jail, the newly-committed inmates may be apprised
by batch or group within the week, in the presence of a public attorney who
shall be invited to assist the newly-committed inmates.
Note: Role of Warden
To facilitate the attendance of a public attorney during that activity,
the Warden is enjoined to send prior notice to the Public Attorneys Office
and to secure the commitment of the PAO to render continuing legal
assistance for this purpose.
Note: Role of Paralegal Officer
The Paralegal Officer is likewise required to fully acquaint the inmates
concerning all the legal modes of releases that may be applicable to them.
2.
The inmate shall be apprised of whether or not he/she wants to avail
of the full credit of his preventive imprisonment that will entitle him/her to
either full or four-fifths credit of his preventive imprisonment.
If the inmate manifests his/her desire to avail of full credit, he/she shall
be required to execute and sign a Detainees Manifestation containing
his/her declaration that he/she will abide by the same disciplinary rules
imposed upon convicted prisoners.
Otherwise, he/she shall sign a Detainees Waiver containing a
declaration that Article 29, RPC was fully explained and understood by
him/her and that he/she does not want to avail of its benefits or to abide by
the disciplinary rules imposed upon convicted prisoners.
If the inmate refuses to sign either a Manifestation or Waiver, such
refusal shall be deemed a waiver of the benefits of Article 29, RPC and shall
recorded in the jail blotter or logbook providing details thereof and signed by
at least two witnesses.
3. The execution of Detainees Waiver or failure to sign a Detainees
Manifestation shall entitle an inmate to only four-fifths (4/5) of his preventive
imprisonment. This shall be taken into account whenever the computation of
his preventive imprisonment is done for the purpose of availing release
under Article 29, RPC.
Note: What if Detainee who previously refused to sign a
detainees manifestation later agrees to sign the same?
An inmate who initially refused to sign a Detainees Manifestation or
who had previously signed a Waiver may thereafter ask for the
nullification of his Waiver and in lieu thereof sign or execute a Detainees
Manifestation in the presence of his/her counsel.
10
11
12
3.
4.
5.
ii.
13
6.
GRANT OF TASTM
a. The BJMP shall keep a master list of detainees who have been
allowed to study, teach, or mentoring activities within their
respective jails;
b. The MSEC shall be tasked to monitor and certify whether said inmate
for the period covered, has actually studied, taught or performed
mentoring duties;
c. If the prisoner is qualified, the MSEC shall recommend to the
concerned officials the grant of TASTM who shall approve the
same by issuing a corresponding certification.
A. TASTM requires engaging in active study, teaching, and
mentoring
Prisoners can earn time credit for satisfactory progress towards earning
a post-graduate or college degree (thru distant learning or correspondence
courses), high school or elementary grade diploma, vocational or technical
skill or values development certificate programs.
Note: Who Accredits?
14
Section
as
15
Rules on TAS:
1. All TAS must be rotated every six months to preclude overfamiliarization which means that they shall supervise a different set of
inmates every six months.
2. Personal services by inmates to TAS, MSEC Members or the Warden
are strictly prohibited and a violation such policy shall be dealt with in
accordance with the BJMP Administrative Disciplinary Machinery.
3. Inmates who will be found guilty of unduly influencing TAS or any
member of the MSEC or the Warden shall be disqualified for any time
allowance for a period of four to six months.
The MSEC shall rely on the records of the TAS, subject to reasonable
validation, in determining the degree of participation of inmates in
development and work activities. The MSEC may require the presence of
concerned TAS during their deliberations to assist them in determining either
the inmates entitlement or disqualification.
Notes: ON MSEC Quorum
The Inmate Records Officer (IRO) at each jail facility is responsible for keeping
records of GCTA, TASTM and STAL.
When inmates are committed inside a jail facility, the IRO at the facility will
determine the amount of pre-determined maximum jail time or maximum
16
imposable penalty attached to the crime/ offense and shall determine the original
release date, time allowances granted or that may e possibly granted and adjusted
release date after considering the time allowances granted or to be granted with
appropriate and accurate computations.
VI. FLOWCHART
Automatic Screening and Evaluation
MSEC Deliberation
MSEC Resolution/Recommendation
Approval/Disapproval of Warden
GCTA
Participated in Rehabilitation/Development
Program32
Did not violate any jail/prison rules and
regulation
Subtotal
TASTM
Teaching/Mentoring/Study33
Subtotal
TOTAL
TOTAL
10
10
20
15
15
35
GCTA
Participated in Rehabilitation/Development
Program
Did not violate any jail/prison rules and
regulation
Subtotal
TASTM
Teaching/Mentoring/Study
Subtotal
TOTAL
TOTAL
12
11
23
15
15
38
18
GCTA
Participated in Rehabilitation/Development
Program
Did not violate any jail/prison rules and
regulation
Subtotal
TASTM
Teaching/Mentoring/Study
Subtotal
TOTAL
TOTAL
13
12
25
15
15
40
GCTA
Participated in Rehabilitation/Development
Program
Did not violate any jail/prison rules and
regulation
Subtotal
TASTM
Teaching/Mentoring/Studying
Subtotal
TOTAL
TOTAL
15
15
30
15
15
45
+
+
-
Time
19
Example No. 1:
Inmate A was accused of robbery in an inhabited place and took cash
and jewelry amounting to P 200,000.00 before Branch 76 of Regional
Trial Court of Quezon City. Inmate A was originally committed in June
01, 2015. He signed detainees manifestation.
+
+
-
2015 / 06 / 01
0020 / 00 / 00
0000 / 00 / 00
0000 / 00 / 00
0000 / 00 / 01
2035/ 05 / 31
20
years)
(0 days)
(0 days)
Example No. 2
Inmate A participated in more than half of the activities in jail. Inmate
A did not violate any jail regulation. Having only studied until Grade
Two he wants to pursue his education by enrolling in the Alternative
Learning System in the jail accredited by the Department of Education.
With 20 years as the maximum imposable penalty, what would be his
expected date of release after a month inside jail?
+
+
Time Gap
Time Allowances Earned
TASTM)
1 day constant
Expected Date of Release
+
+
-
2015
0020
0000
0000
/
/
/
/
06
00
00
01
/
/
/
/
01
00
00
05
and
20
15 days)
0000 / 00 / 01
2035/ 04 / 26
Computation (if not yet convicted and did not sign detainees
manifestation):
EDR = RD + Pmax + Tgap TA 1 + (1/5 Actual
Time of Stay)
Time
Example:
If inmate A did not sign detainees manifestation.
Receiving Date / Date Received
(June 01, 2015)
+
Maximum Imposable Penalty
(
+
Time Gap
Time Allowances Earned
TASTM)
+
(1/5 Actual Time of Stay)
1 day constant
Expected Date of Release
20
years)
(0 days)
(GCTA
and
[31 X (1/5)]
21
+
+
+
-
2015 / 06 / 01
0020 / 00 / 00
0000 / 00 / 00
0000 / 01 / 05
0000 / 00 / 06
0000 / 00 / 01
2035/ 05 / 01
Note: 35 days
May 01, 2035
Time
If Inmate A has been committed to jail on June 01, 2015 and convicted on the
same day with an imposed penalty of 20 years. He has signed the detainees
manifestation.
Receiving Date / Date Received
+
Imposed Penalty
+
Time Gap
Time Allowances Earned
1 day constant
Expected Date of Release
+
+
-
2015
0020
0000
0000
0000
/
/
/
/
/
06
00
00
00
00
/
/
/
/
/
01
00
00
00
01
22
2035/ 05 / 31
STAL
RA 10592 grants special time allowance to prisoners who have
remained in their prison cells despite having all the chance to escape from
their place of confinement. The law seeks to grant a deduction of two-fifths
of the period of his sentence to any prisoner who chooses to stay in his place
of confinement on the occasion of disorder resulting from a conflagration,
earthquake, explosion or similar catastrophe or during a mutiny in which he
has not participated.
Likewise, those prisoners who give themselves up to the authorities
within the above mentioned 48 hours shall be entitled to the deduction
provided in Article 98 of the Revised Penal Code which is one-fifth of the
period of his sentence.
Computation for Special Time Allowance for Loyalty (STAL)
1. If inmate managed to escape:
Computation for Special Time Allowance on occasion of disorders,
conflagrations, earthquakes, or other calamities
Qualifications for grant of Special Time Allowance for Loyalty
a. He/she is a prisoner
b. He/she evaded his preventive imprisonment or service of
sentence
c. Such circumstances is made possible on the occasion of disorder
resulting from any of the following34:
i. conflagration;
ii. earthquake;
iii. explosion;
iv. similar catastrophe; or
v. during a mutiny in which he has not participated
d. Part of or entire jail was damaged by said disorder which
facilitated the escape of the prisoner or circumstances availing are
34
Article 158, Revised Penal Code
23
escape,
attended
by
the
following
a. He/she is a prisoner
b. There is disorder resulting from any of the following:
i. conflagration;
ii. earthquake;
iii. explosion;
iv. similar catastrophe; or
v. during a mutiny in which he has not participated
c. Part of or entire jail was damaged by said disorder which
facilitated the escape of the prisoner or circumstances availing are
such that it renders jail officer ineffective in controlling and
stopping the possible escape of said inmate
d. He/she chose to stay in the jail/prison facility
35
Id.
24
Murder
Reclusion perpetua
(max) 40 yrs
Date Committed in Jail:
January 01, 2015
No. of Time Allowances Earned: 60
Type of calamity:
Earthquake
Condition of Jail:
Wall of jail collapsed making
escape of
inmate inevitable
Situation:
Decided to stay in Jail
Receiving Date / Date Received
+
Maximum Imposable Penalty
+
Time Gap
Time Allowances Earned
(Maximum Imposable Penalty x 2/5)
1 day constant
Expected Date of Release
/ 01
/ 00
/ 00
/ 31
25
26
The grant of the time allowances shall be primarily vested with the
Wardens. However, the Chief, BJMP may act upon or grant an inmates
application for any of the time allowances thru the BJMPNHQ MSEC, which
grant shall be controlling over or supersedes that of a Warden provided that
the latter is duly and promptly notified of such grant.
Moreover, the Chief, BJMP shall have exclusive jurisdiction over appeals
arising from a Wardens wrongful grant or denial of an inmates application
for any of the time allowances. The following procedure shall apply to this
Appeal Mechanism:
1. The warden shall inform the inmates of their GCTA, TASTM and STAL by
publishing or posting on the jail bulletin board, visiting area and other
conspicuous locations, the monthly and annual GCTA reports (see table
below for GCTA reports format).
Monthly Report
Name of Jail:
Month Name
of
Inmate
Crim
Case
No.
Crime/
Offens
e
Maximum
Imposable
Penalty/
Period of
Sentence
Annual Report
Name of Jail:
Inmate Information
Name
of
inmate
Crime/
Offense
Committed
Date
committe
d
(mm/dd/y
y)
GCTA awarded
J F M A M J
a e a p a u
n b r r y n
GCTA
Earne
d
TASTM
Earne
d
STAL
Earne
d
Total Time
Allowance
Earned
Year:
Original
Expecte
d Date of
Release
Adjusted
Expected
Date
of
Release
Year:
per month
TASTM awarded per month
J A S O N D J F M A M J J A S O N D
u u e c o e a e a p a u u u e c o e
l g p t v c n b r r y n l g p t v c
2. Inmate may also check with the IRO of the jail facility to know official time
allowance calculations including his expected date of release or length of
stay in jail and the amount of time allowance with which the inmate has been
credited.
3. If the Warden unduly denied time allowance due to an inmate, an appeal
form may be sent to the Chief, BJMP (Attention: BJMPNHQ MSEC) thru the
Warden. The form should clearly indicate the specific problem as well as the
remedy being sought.
27
Total
4. The Warden shall submit the Appeal Form to the Chief, BJMP (Attention:
BJMPNHQ MSEC) within five (5) days from receipt of the appeal.
5. The Warden thru the IRO shall retain a copy of the appeal form and shall
prepare an answer to the appeal including evidences all of which shall be
submitted along with the filled-up appeal form.
7. Appeals received by the Chief, BJMP shall be immediately acted upon by
the MSEC.
8. The recommendation of the National MSEC shall be subject to the approval
of the Chief, BJMP. This approval or disapproval will serve as the final stage of
the appeal mechanism.
28
(Date)
HONORABLE (Name of Executive Judge)
RTC/MTC/MeTC Branch __
(City/Municipality)
(Address of the Court)
Re: Grant of Good Conduct Time Allowance
Dear Sir/Madam:
May we respectfully inform the honorable court of the grant of time
allowances to our inmates pursuant to Republic Act No. 10592.
The following is the list of inmates granted with good conduct time
allowances for the month of _________ 20__.
Nam
e of
Inma
te
Cri
mC
ase
No.
Crime
/Offen
se
Good
Conduct
Time
Allowan
ce
(GCTA)
Time
Allowan
ce
for
Study
Teachin
g
and
Mentori
ng
(TASTM)
Special
Time
Allowan
ce
for
Loyalty
(STAL)
Original
Expected
date
of
Release
(Based on
Maximum
Imposable
Penalty)
Adjusted
Expected
date
of
Release
If you have further questions or concerns, please feel free to contact or reach
us through mail or contact number provided below.
Very respectfully yours,
(Name of Warden)
(Rank)
(Name of City/District/Municipal Jail)
(Address of City/District/Municipal Jail)
(Contact No. of City/District/Municipal Jail)
(Email Address)
Cc:
(Name of Prosecutor)
(Address of Prosecutors Office)
29
(Name of Complainant/Plaintiff)
(Address of Complainant/Plaintiff)
Republic of the Philippines
Department of the Interior and Local Government
CERTIFICATION
This is to certify that the following inmates were granted with good
conduct time allowances and/or other time allowances for the month of
_________ 20__.
Nam
e of
Inma
te
Cri
mC
ase
No.
Crime
/Offen
se
Good
Conduct
Time
Allowan
ce
(GCTA)
Time
Allowan
ce
for
Study
Teachin
g
and
Mentori
ng
(TASTM)
Special
Time
Allowan
ce
for
Loyalty
(STAL)
Original
Expected
date
of
Release
(Based on
Maximum
Imposable
Penalty)
Adjusted
Expected
date
of
Release
30
CERTIFICATION
This is to certify that (Name of Inmate) is granted with good
conduct time allowances of (no. of days) and/or other time
allowances of (no. of days) for a total of (no. of days) for the
month of _________ 20__.
This certificate is being issued pursuant to Republic Act No.
10592.
(Name of Warden)
(Rank)
(Name of City/District/Municipal Jail)
(Address of City/District/Municipal Jail)
(Contact No. of City/District/Municipal Jail)
(Email Address)
WHEREFORE,
members,
after
premises
conscientious
considered,
deliberations
the
and
undersigned
discussions
UNANIMOUSLY APPROVED:
______________________________________
Chairperson
______________________________________
Member
______________________________________
Member
_________________________________________
Member
33
____________________________________
Member
Name of Warden:________________________________________________________________________
Nature for Protest/Appeal: ________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
(continue at the back if allotted portion not sufficient)
Action Desired: __________________________________________________________________________
_________________________________________________________________________________________
__________________________________
Signature of Inmate
34