Republic of the Philippines

CONGRESS OF THE PHILIPPINES

Metro Manila

Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

REPUBLIC ACT No. 10592

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal Code,
is hereby further amended to read as follows:

"ART. 29. Period of preventive imprisonment deducted from term of imprisonment. –

Offenders or accused who have undergone preventive imprisonment shall be credited in
the service of their sentence consisting of deprivation of liberty, with the full time during
which they have undergone preventive imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of the effects thereof and with the assistance
of counsel to abide by the same disciplinary rules imposed upon convicted prisoners,
except in the following cases:

"1. When they are recidivists, or have been convicted previously twice or more
times of any crime; and

"2. When upon being summoned for the execution of their sentence they have
failed to surrender voluntarily.

"If the detention prisoner does not agree to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall do so in writing with the assistance of a counsel and
shall be credited in the service of his sentence with four-fifths of the time during which
he has undergone preventive imprisonment.

"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be
deducted from thirty (30) years.1âwphi1

"Whenever an accused has undergone preventive imprisonment for a period equal to the
possible maximum imprisonment of the offense charged to which he may be sentenced
and his case is not yet terminated, he shall be released immediately without prejudice to
the continuation of the trial thereof or the proceeding on appeal, if the same is under
 review. Computation of preventive imprisonment for purposes of immediate release
under this paragraph shall be the actual period of detention with good conduct time
allowance: Provided, however, That if the accused is absent without justifiable cause at
any stage of the trial, the court may motu proprio order the rearrest of the accused:
Provided, finally, That recidivists, habitual delinquents, escapees and persons charged
with heinous crimes are excluded from the coverage of this Act. In case the maximum
penalty to which the accused may be sentenced is lestierro, he shall be released after
thirty (30) days of preventive imprisonment."

Section 2. Article 94 of the same Act is hereby further amended to read as follows:

"ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished

partially:

"1. By conditional pardon;

"2. By commutation of the sentence; and

"3. For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence."

Section 3. Article 97 of the same Act is hereby further amended to read as follows:

"ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for
credit for preventive imprisonment pursuant to Article 29 of this Code, or of any
convicted prisoner in any penal institution, rehabilitation or detention center or any other
local jail shall entitle him to the following deductions from the period of his sentence:

"1. During the first two years of imprisonment, he shall be allowed a deduction of
twenty days for each month of good behavior during detention;

"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be
allowed a reduction of twenty-three days for each month of good behavior during
detention;

"3. During the following years until the tenth year, inclusive, of his imprisonment,
he shall be allowed a deduction of twenty-five days for each month of good
behavior during detention;

"4. During the eleventh and successive years of his imprisonment, he shall be
allowed a deduction of thirty days for each month of good behavior during
detention; and

"5. At any time during the period of imprisonment, he shall be allowed another
deduction of fifteen days, in addition to numbers one to four hereof, for each
month of study, teaching or mentoring service time rendered.
 "An appeal by the accused shall not deprive him of entitlement to the above allowances
for good conduct."

Section 4. Article 98 of the same Act is hereby further amended to read as follows:

"ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of
his sentence shall be granted to any prisoner who, having evaded his preventive
imprisonment or the service of his sentence under the circumstances mentioned in Article
158 of this Code, gives himself up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing away of the calamity or catastrophe
referred to in said article. A deduction of two-fifths of the period of his sentence shall be
granted in case said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of
this Code.

"This Article shall apply to any prisoner whether undergoing preventive imprisonment or
serving sentence."

Section 5. Article 99 of the same Act is hereby further amended to read as follows:"

"ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of
the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology
and/or the Warden of a provincial, district, municipal or city jail shall grant allowances
for good conduct. Such allowances once granted shall not be revoked."

Section 6. Penal Clause. – Faithful compliance with the provisions of this Act is hereby
mandated. As such, the penalty of one (1) year imprisonment, a fine of One hundred thousand
pesos (P100,000.00) and perpetual disqualification to hold office shall be imposed against any
public officer or employee who violates the provisions of this Act.

Section 7. Implementing Rules and Regulations. – The Secretary of the Department of Justice
(DOJ) and the Secretary of the Department of the Interior and Local Government (DILG) shall
within sixty (60) days from the approval of this Act, promulgate rules and regulations on the
classification system for good conduct and time allowances, as may be necessary, to implement
the provisions of this Act.

Section 8. Separability Clause. – If any part hereof is held invalid or unconstitutional, the
remainder of the provisions not otherwise affected shall remain valid and subsisting.

Section 9. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter
of instruction, administrative order, rule or regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed, modified or amended accordingly.

Section 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication
in the Official Gazette or in at least two (2) new papers of general circulation.
 Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila

Fifteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven.

REPUBLIC ACT NO. 10159 April 10, 2012

AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED, OTHERWISE

KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Article 39 of Act No. 3815, as amended, is hereby further amended to read as follows:

"Art. 39. Subsidiary Penalty. – If the convict has no property with which to meet the fine
mentioned in paragraph 3 of the next preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day for each amount equivalent to the highest minimum wage
rate prevailing in the Philippines at the time of the rendition of judgment of conviction by the
trial court, subject to the following rules:

"1. If the principal penalty imposed be prision correctional or arresto and fine, he shall remain
under confinement until his fine referred in the preceding paragraph is satisfied, but his
subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case
shall it continue for more than one year, and no fraction or part of a day shall be counted against
the prisoner.

"2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and
shall not exceed fifteen days, if for a fight felony.

"3. When the principal penalty imposed is higher than prision correctional, no subsidiary
imprisonment shall be imposed upon the culprit.

"4. If the principal penalty imposed is not to be executed by confinement in a penal institution,
but such penalty is of fixed duration, the convict, during the period of time established in the
preceding rules, shall continue to suffer the same deprivations as those of which the principal
penalty consists.

"5. The subsidiary personal liability which the convict may have suffered by reason of his
insolvency shall not relieve him from the fine in case his financial circumstances should
improve." (As amended by Republic Act No. 5465, which lapsed into law on April 21, 1969.)
Section 2. Separability Clause. – If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

Section 3. Repealing Clause. – All laws, presidential decrees or issuances, executive orders,
letters of instruction, administrative orders or rules and regulations which may be inconsistent
with this Act shall be deemed repealed, amended or modified accordingly.

Section 4. Effectivity. – This Act shall take effect fifteen (15) days following its publication in
the Official Gazette or in two (2) newspapers of general circulation.
 Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila

Sixteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand
fifteen.

REPUBLIC ACT No. 10707

AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS

THE “PROBATION LAW OF 1976”, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further amended
to read as follows:

“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may,
after it shall have convicted and sentenced a defendant for a probationable penalty and upon
application by said defendant within the period for perfecting an appeal, suspend the execution
of the sentence and place the defendant on probation for such period and upon such terms and
conditions as it may deem best. No application for probation shall be entertained or granted if the
defendant has perfected the appeal from the judgment of conviction: Provided, That when a
judgment of conviction imposing a non-probationable penalty is appealed or reviewed, and such
judgment is modified through the imposition of a probationable penalty, the defendant shall be
allowed to apply for probation based on the modified decision before such decision becomes
final. The application for probation based on the modified decision shall be filed in the trial court
where the judgment of conviction imposing a non-probationable penalty was rendered, or in the
trial court where such case has since been re-raffled. In a case involving several defendants
where some have taken further appeal, the other defendants may apply for probation by
submitting a written application and attaching thereto a certified true copy of the judgment of
conviction.

“The trial court shall, upon receipt of the application filed, suspend the execution of the sentence
imposed in the judgment.

“This notwithstanding, the accused shall lose the benefit of probation should he seek a review of
the modified decision which already imposes a probationable penalty.
“Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
The filing of the application shall be deemed a waiver of the right to appeal.1âwphi1

“An order granting or denying probation shall not be appealable.”

SECTION 2. Section 9 of the same Decree, as amended, is hereby further amended to read as
follows:

“SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:

“a. sentenced to serve a maximum term of imprisonment of more than six (6) years;

“b. convicted of any crime against the national security;

“c. who have previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months and one (1) day and/or a fine of more than one
thousand pesos (P1,000.00);

“d. who have been once on probation under the provisions of this Decree; and

“e. who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof.”

SECTION 3. Section 16 of the same Decree, as amended, is hereby further amended to read as
follows:

“SEC. 16. Termination of Probation. — After the period of probation and upon
consideration of the report and recommendation of the probation officer, the court may
order the final discharge of the probationer upon finding that he has fulfilled the terms
and conditions of his probation and thereupon the case is deemed terminated.

“The final discharge of the probationer shall operate to restore to him all civil rights lost
or suspended as a result of his conviction and to totally extinguish his criminal liability as
to the offense for which probation was granted.

“The probationer and the probation officer shall each be furnished with a copy of such
order.”

SECTION 4. Section 24 of the same Decree is hereby amended to read as follows:

“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. —
Regional, Provincial or City Probation Officers shall have the authority within their
territorial jurisdiction to administer oaths and acknowledgments and to take depositions
in connection with their duties and functions under this Decree. They shall also have,
with respect to probationers under their care, the powers of a police officer. They shall be
considered as persons in authority.”
SECTION 5. Section 27 of the same Decree is hereby amended to read as follows:

“SEC. 27. Field Assistants, Subordinate Personnel. – Regional, Provincial or City

Probation Officers shall be assisted by such field assistants and subordinate personnel as
may be necessary to enable them to carry out their duties effectively.”

SECTION 6. Section 28 of the same Decree is hereby amended to read as follows:

“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation and
Parole Officers in the supervised treatment program of the probationers, the Probation
Administrator may appoint citizens of good repute and probity, who have the willingness,
aptitude, and capability to act as VPAs.

“VPAs shall not receive any regular compensation except for reasonable transportation
and meal allowances, as may be determined by the Probation Administrator, for services
rendered as VPAs.

“They shall hold office for a two (2)-year term which may be renewed or recalled
anytime for a just cause. Their functions, qualifications, continuance in office and
maximum case loads shall be further prescribed under the implementing rules and
regulations of this Act.

“There shall be a reasonable number of VPAs in every regional, provincial, and city
probation office. In order to strengthen the functional relationship of VPAs and the
Probation Administrator, the latter shall encourage and support the former to organize
themselves in the national, regional, provincial, and city levels for effective utilization,
coordination, and sustainability of the volunteer program.”

SECTION 7. Separability Clause. — If any provision of this Act is declared invalid, the
provisions hereof not affected by such declaration shall remain in full force and effect.

SECTION 8. Repealing Clause. — All laws, executive orders, or administrative orders, rules
and regulations or parts thereof which are inconsistent with this Act are hereby amended,
repealed or modified accordingly.

SECTION 9. Appropriations Clause. — The amount necessary to carry out the provisions of
this Act shall be included in the General Appropriations Act of the year following its enactment
into law.

SECTION 10. Implementing Rules and Regulations. — Within sixty (60) days from the
approval of this Act, the Department of Justice shall promulgate such rules and regulations as
may be necessary to carry out the provisions of this Act.

SECTION 11. Effectivity. — This Act shall take effect immediately after its publication in the
Official Gazette or in two (2) newspapers of general circulation.