SCOPE AND LIMITATIONS OF THE STUDY

This study will focus on Good Conduct and Time Allowance in the Philippines, which are

being administered by the Department of Justice (DOJ), Department of the Interior and Local

Government (DILG) and Bureau of Corrections (BuCor).

It includes the entire process of storing, retrieving and maintaining data of the Persons Deprived

of Liberty (PDL) that includes their personal profile, case information and the status of their

cases.

It focuses on the Credit for Preventive Imprisonment,Creation of Management Screening and

Evaluation Committee, Time Allowance Supervisor and accurate computation of GCTA and

other time allowance to determine the prompt monitoring of their releases.

Management Science principles helpful in GCTA:

Data Management

Credit for Preventive Imprisonment

Section 1. Process for CPI

1. The prison authority or his/her authorized representative shall inform the PDL that the latter’s

period of preventive confinement shall be deducted from the term of his imprisonment in

accordance with Article 29 of the Revised Penal Code, as amended.

2. If the PDL agrees voluntarily, in writing, with the assistance of a counsel 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.

3. If the PDL has undergone preventive imprisonment for a period equal to the maximum

imposable imprisonment of the offense charged to which he/she may be sentenced 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:

b) Habitual Delinquents

c) Escapees

d) Persons charged with heinous crimes

4. A PDL who is a recidivist, habitual delinquent, escapee, or charged with heinous crimes 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 Revised Penal Code even if he has reached the

maximum impossible penalty until his conviction and service of sentence.

5. If the maximum penalty to which the accused may be sentenced is destierro, he/she shall be

released after thirty (30) days of preventive imprisonment.

Section 2. Grounds for the Entitlement of Full CPI

1. Voluntarily signs PDL’s Manifestation;

2. Is not a recidivist;

3. Has not been previously convicted twice or more times of any

crime; or

4. Has been summoned for the execution of his sentence and

surrendered voluntarily.

Section 3. Non-Entitlement to Full Credit

1. Refuses to sign PDL’s Manifestation but signs PDL’s Waiver;

2. Is a recidivist;

3. Has been convicted previously twice or more times of any crime; or

4. Has been summoned for the execution of his sentence, but failed to surrender voluntarily.

However, PDL who did not qualify to be granted of full CPI shall still be entitled to a credit of

4/5 of preventive imprisonment provided that the PDL signs PDL’s Waiver.
Section 4. Procedure for Grant of CPI

I. Common Procedure for the Grant of CPI

1. The CPI Officer shall immediately inform the PDL, using Corrections Cluster Form Nos. 17

and 28, upon commitment, of the benefits provided under Article 299, Revised Penal Code in

the presence of and assisted by a private counsel or a public attorney, in a language known to and

understood by the PDL.

If there is no available counsel yet at the time of their commitment in prison, the newly-

committed PDLs may be informed by batch orvgroup within the week, in the presence of a

public attorney who shall be invited to assist the newly-committed PDLs. The Prison

Authority shall facilitate the presence of a public attorney and send prior notice to the Public

Attorney’s Office to secure its commitment in rendering continuing legal assistance for this

purpose.

The PDL shall be informed of the following:

a) full CPI; or

b) four-fifth (4/5) CPI.

2. The preventive imprisonment of a PDL for purposes of release shall be the actual period of

confinement with time allowances.

3. If, at any time, a PDL who initially refused to sign a PDL’s Manifestation/Waiver or who had

previously signed a Waiver, thereafter asks for the nullification of his Manifestation/Waiver and

in lieu thereof sign or execute a PDL’s Manifestation/Waiver in the presence of his/her counsel,

the PDL shall be prospectively entitled to the full or four-fifth (4/5) grant of CPI, as the case may

be.

II. Mandatory Procedures for the Full Grant of CPI

A PDL shall accomplish and sign the PDL’s Manifestation as contained under Section 1, Chapter

3 of this Manual.
III. Mandatory Procedures for the Grant of Four-Fifth (4/5) CPI

1. If 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.

2. The execution of PDL’s Waiver shall entitle a PDL to only fourfifths (4/5) of his preventive

confinement. 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.

Section 5. Monitoring of PDL’s Preventive Imprisonment to

Preclude Overstay

It shall be the responsibility of the prison authorities to monitor the preventive confinement of

PDL to avoid overstaying. For this purpose, the National Justice Information System (Single

Carpeta System) shall be utilized.

It is necessary to manually or electronically compute the expected date of release of each PDL at

the end of each month.

Whenever a PDL’s preventive confinement, including the time allowances granted, if any, is

about to reach the maximum imposable penalty or the aggregate of the maximum imposable

penalties attached to the crime/s charged, the Prison Authorities shall undertake to:

a) inform the PDL and his/her counsel within thirty (30) days before or immediately upon

determination of the expiration of the maximum imposable penalty; or

b) in the absence of a counsel, assist the PDL in availing release in accordance with Article 29,

RPC,in the filing of the necessary pleading before the court for the issuance of a release order.

The prison authority shall attach a certificate of detention and certificate of the total time

allowances granted, using the Corrections Cluster Form No. 710.

Successive Confinement

A PDL who is confined in prison and charged with two or more offenses shall be credited with

CPI and other time allowances.

Upon conviction, the 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 penalties 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. Arresto mayor;

7. Arresto menor.

If 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 forty (40) years.

In applying the successive service of sentence, the duration of perpetual penalties shall be

computed at thirty (30) years.

Creation of MSEC and TAS

Section 1. Management, Screening and Evaluation Committee (MSEC)

(MSEC) and its local counterpart in every prison facility, as may be necessary.

The MSEC shall be responsible in the screening and evaluation of entitlement for GCTA,

TASTM, Special Time Allowance for Loyalty (STAL) and shall submit their recommendation to

prison authorities.

Section 2. Composition of MSEC

The composition of the MSEC shall be determined by the Director General of the BuCor, Chief

of the BJMP, Wardens of Provincial/City/Municipal/District Jails, respectively. Membership

shall not be less than five (5) and shall include a Probation and Parole Officer, and if available, a

psychologist and a social worker.

Section 3. Function of MSEC

The MSEC shall evaluate the records of the TAS to determine the degree of participation of

PDLs in development and work activities.

The MSEC may require the presence of concerned TAS during their deliberations to assist them

in determining either the PDLs’ entitlement or disqualification.

Section 4. MSEC Quorum

1. The MSEC shall declare a quorum to be able to validly act on the grant of time allowances of

PDLs screened and monitored by the TAS.

2. Majority of the members shall constitute a quorum and a majority vote of the members present

shall decide on the final recommendation to be submitted to the prison authorities for approval.

3. There shall be records of the minutes of the meeting of the proceedings.

Section 5. Conflict of Interest

Any member of the MSEC who may have a conflict of interest, bias, prejudice for or against an

applicant for time allowances and/or deductions shall inhibit from the entire proceeding

concerning said application.

The prison authority shall designate Time Allowance Supervisors (TAS), upon recommendation

of the MSEC, among the custodial and administrative officers, adjunct to their main functions.

Their duty is to monitor the attendance of PDL in welfare, development, work, rehabilitation,

reformation programs and activities. For that purpose, they shall maintain written records of PDL

attendance and quality of participation in those activities, using Corrections Cluster Form No.

1012.

Section 7. Function of TAS

The TAS shall be tasked with the monitoring, screening and evaluation of the behavior, conduct

and participation of PDL, within their respective prison facilities and submit a report to MSEC
for appropriate action.

GCTA and Other Time Allowances

Section 1. Scale in the Grant of GCTA and Other Time Allowances

The provision in the computation procedure on the reduction scheme for good conduct/ behavior

incentive are as follows:

1. First two years of imprisonment, 20 days off for each month of actual service of sentence.(1st

month to 2 years)

2. Third to Fifth year, 23 days off for each month of actual service of sentence. (2 years and 1

day to 5 years)

3. Following year up to 10th year, 25 days off for each month of actual service of sentence. (5

years and 1 day to 10 years)

4. Eleventh and successive years, 30 days off for each month of actual service of sentence. (10

years and 1 day and above)

If the PDL engaged at any time in a recognized study, teaching or mentoring activity, pursuing a

post-graduate, college degree, primary or secondary education, vocational/technical skill or

month of confinement.

Section 2. Qualifications for the Grant of GCTA and TASTM

1. GCTA

PDL deemed qualified pursuant to RA 10592 and its IRR, as recommended by the MSEC and

approved by appropriate prison authorities.

2. TASTM

PDL deemed qualified pursuant to RA 10592 and its IRR, as recommended by the MSEC and

approved by appropriate prison authorities.

Section 3. Non-Entitlement for GCTA and TASTM

Ground for Non-Entitlement for GCTA

If the PDL:

Committed violation of any of the prison rules

I. Prison Rules Violations

If a PDL violated any of the following within a month, he/she shall not be entitled for the grant

of GCTA for the said month, provided that such would not prejudice the imposition of other

penalties.

The following are violations of prison rules:

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 orderlinessin quarters and/or surroundings;

4) Making frivolous or groundless complaints;

5) Taking the cudgels for reporting complaints on behalf ofother PDLs;

6) Late in formation during PDL headcount without justifiablereason;

7) Willful waste of food;

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 others;

17) Exchanging uniforms or wearing clothes other than those issued for the purpose of

circumventing jail rules;

18) Loitering or being in an unauthorized 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

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 any

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.

Grounds for Non-Entitlement for TASTM

If the PDL:

Did not participate in a recognized studying, teaching,

or mentoring activity

Section 4. Grant of TASTM

1. The prison authorities shall determine activities which may be credited with TASTM upon

recommendation of the MSEC;

2. Prisons shall keep a master list of PDL who have been allowed to study, teach, or mentor

within their respective prison;

3. The MSEC shall be tasked to monitor and certify whether said PDL has actually and actively

studied, taught or performed mentoring duties for the period covered;

4. If the PDL is qualified, the MSEC shall recommend to the prison authorities the grant of

allowance who shall approve the same by issuing a corresponding certification using Corrections

Cluster Form No. 4;

5. The disqualification, non-entitlement, ineligibility on the grant of GCTA does not

automatically disqualify the PDL for the grant of TASTM and vice versa

Section 5. Special Time Allowance for Loyalty

Section 6. Authorities to Declare Calamity

The proclamation for the declaration and passing away of the calamity can be issued by the

President or Local Chief Executives (Governor, City and Municipal Mayor).

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 PDL opportunity to escape shall be

complied with for the grant of STAL.

1. PDL evaded the period of preventive imprisonment or service of sentence on occasion of

disorder or choose to stay resulting from any of the following :

a) conflagration;

b) earthquake;

c) explosion;

d) similar catastrophe; or

e) during a mutiny in which he has not participated

2. There must be a prior declaration of calamity and its passing away;

3. PDL surrenders to authorities within forty-eight (48) hours following such proclamation of
passing away of calamity or catastrophe.

4. Entitlement

a) 1/5 deduction for those who escaped by reason of the

above mentioned disorder; or

b) 2/5 deduction for those who chose to stay

Section 8. Procedure for the Grant of Time Allowances

The following shall be observed in the grant of time allowances:

1. PDL shall be automatically screened and evaluated by TAS for GCTA and TASTM, STAL at

the end of each month for submission to the MSEC for appropriate action;

2. The MSEC, upon due consideration of behavior or conduct of PDL submitted by TAS, will

recommend to the prison authorities that the PDL be granted GCTA, TASTM and/or STAL;

3. Acting on the recommendation of MSEC, the prison authority concerned shall:

a) APPROVE the recommendation and issue a certification granting GCTA, TASTM, and/or

STAL to the PDL for the particular period, using Corrections Cluster Form No. 10; or

b) DISAPPROVE the recommendation if the PDL is not qualified to be granted the benefits or
that errors or irregularities attended the evaluation of the PDL’s behavior or conduct; or

c) RETURN the recommendation, without action, for corrections as regards the names, PDL

number or other clerical, inadvertent or mathematical error.

4. The approved/disapproved allowance of PDL shall be posted in any conspicuous place inside

prison facility;

5. Appeal to prison authorities from the disapproval or return of time allowances may be made in

any of the following grounds:

a) PDL recommended is not qualified to be granted the

benefits; or

b) Errors or irregularities attended the evaluation of the PDL

6. The Chief, BJMP may act upon or grant a PDL’s application for any of the time allowances

thru the BJMP NHQ MSEC. The Order from the Chief, BJMP shall be controlling over and
supersedes that of a Warden provided that the latter is duly and promptly notified of

such grant;

7. Moreover, the Chief, BJMP shall have exclusive jurisdiction over appeals arising from a

Warden’s wrongful grant or denial of PDL’s application for any of the time allowances;

8. On the part of the BuCor, the PDL may seek reconsideration with the Director General of the

Bureau of Corrections.
Section 10. Transmittal of Records from BJMP and

Provincial Jails to BuCor

Upon receipt of the mittimus order, the BJMP and Provincial Jails shall transfer the PDL to the

BuCor.

Within thirty (30) days after the transfer of PDL to the BuCor, the local jails shall transmit the

record of PDL to BuCor, as follows:

a) Commitment Order;

b) Information or complaint;

c) Decision or Judgment;
d) Medical certificate issued by BJMP or any government physician;

e) Certificate of detention from the law enforcement agency/ ies that had prior custody of the
PDL;

f) Certificate of detention at jail facility;

g) PDL’s Manifestation or Waiver (Art. 29, RPC);

h) Certificate of Time Allowances granted;

i) Certificates of attendance in rehabilitation/development programs/activities;

j) Bail records, if available

k) Other records

Section 11. Forwarding of PDL Carpeta to the BPP

At least one (1) month prior to the date when PDL’s case shall be eligible for review, the BuCor

shall forward to the BPP the PDL Carpeta together with the following documents:

a) Records from BJMP, as specified in the preceding section;

b) PDL Summary Record Sheet (Corrections Cluster Form No.8);

c) Synopsis of Prison Record (Corrections Cluster Form No.11);

d) Clearance from Rehabilitation and Treatment Program(Corrections Cluster Form No. 9);

e) Certificate of No-Pending Case from the Office of the Clerkof Court;

f) Certificate of No-Pending Appeal from the Branch Clerk ofCourt;

g) Entry of Judgment, if applicable;

h) NBI Record Check;

i) Psychological/Psychiatric Evaluation, if requested; and

j) Medical Abstract, if required.

Section 12. Transmittal of PDL Records from BJMP to BPP

In case a PDL is convicted with a penalty of three (3) years and below and has complied with the

eligibility requirement for review of the BPP, the local jail shall transmit, at least one (1) month
prior to the date when PDL’s case shall be eligible for review, to the BPP the PDL Carpeta

provided in Section 11.

Section 13. Referral for Investigation

The BPP, may in its discretion, refer the application for parole/executive clemency to DOJ-PPA

which shall submit its report and recommendation within thirty (30) days from receipt of such

referral. The report shall contain information related to the character, antecedents, environment,

mental and physical condition of PDL, available institutional and community resources and

result of records verification with the justice system agencies. In special matters, the BPP shall

likewise refer matters pertaining to Parole/Executive Clemency for comment by the following:

a) The Commissions and Elections (COMELEC) as to cases involving violations of election

laws, rules and regulations;

b) The Department of National Defense (DND) and the DILG involving crimes against national

security, public order, or the laws of nations;

c) The Department of Foreign Affairs (DFA), if the PDL is an alien;

d) Such other agencies in government as the need requires.

Section 14. Notice to Offended Party and Publication of Names of PDLs

As to crime with private offended party, the BPP shall notify the said offended party or if the

latter is unavailable or otherwise cannot be located, their immediate relatives shall be given thirty

(30) days to comment from notice.

Any interested party may submit written objectives/comments/ information relevant to the case/s

of PDLs being considered for executive clemency not later than thirty (30) days from date of

publication or last date of publication as to those sentenced to Reclusion Perpetua or Life

Imprisonment. Provided that, in matters of extreme urgency when the interest of justice so

requires, such publication may be waived or dispensed with. In such event, the BPP shall explain
the reason for such waiver in its Resolution recommending Executive Clemency.

Section 15. Transmittal of Release Document

The BPP shall send a copy of the Release Document of Parolee/ Conditional Pardonee to the

PDL through the prison authorities. On the date of actual release of the PDL, the prison authority

shall send a certification of said release to the DOJ-PPA and the BPP.

Section 16. Supervision

After release from confinement, the Parolee/Conditional Pardonee shall be placed under the

supervision of the DOJ-PPA. The period of parole supervision shall extend up to the expiration

of the maximum sentence which should appear in the Release Document.

The released PDL shall personally report within fifteen (15) days from release from prison to

DOJ-PPA to commence the mandatory conditions of supervision. The DOJ-PPA shall inform the

BPP by submitting an arrival report of the release of PDLs, furnished the concerned city or

provincial DOJ-PPA office.

In case there is a violation or infraction report, the BPP shall order the arrest and recommitment

of the parolee/conditional pardonee to serve the remaining unserved portion of the maximum

sentence.

Section 17. Submission of Summary Report by DOJ-PPA

After the expiration of the maximum sentence of a parolee/ conditional pardonee, and the

substantial compliance of all the conditions of his/her Release Document, the DOJ-PPA shall

submit a summary report and clearances to the BPP for its review and resolution.

Section 18. Grant of Final Release and Discharge

Upon receipt of the summary report, the BPP shall, upon the recommendation of the DOJ-PPA

that parolee/conditional pardonee complies with all the conditions of his/her Release Document,

the BPP shall issue a certificate of final release and discharge (FRD). Upon issuance of the FRD,

the parolee/conditional pardonee shall be finally discharged from the conditions appearing in his
release document, but the accessory penalties of the law which are not expressly remitted shall

subsist.