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The views and information presented herein are based on the laws, rules, and jurisprudence prevailing at the time of writing. They do not take into account subsequent legal developments and should not be relied upon as a substitute for professional legal advice.

AT A GLANCE:

Good conduct time allowance has been in existence since August 30, 1906 upon the passage of Act No. 1533. Said law provided for the diminution of sentences imposed upon convicted prisoners in consideration of good conduct and diligence. (Inmates of the New Bilibid Prison, Muntinlupa City v. Sec. Leila M. De Lima, DOJ, et. al., G.R. No. 212719, June 25, 2019)

The Good Conduct Time Allowance (GCTA) system reflects the State’s policy of promoting  reformation and discipline among persons deprived of liberty. It operates as an incentive that rewards good behavior, participation in rehabilitation programs, and adherence to rules through corresponding deductions from the service of sentence.

Despite various amendments to the law, the standard of behavior in granting GCTA remains to be “good conduct.” In essence, the definition of what constitutes “good conduct” has been invariable through the years, thus:

• Act No. 1533: not been guilty of a violation of discipline or any of the rules of the prison, and has labored with diligence and fidelity upon all such tasks as have been assigned to him.
• Bureau of Corrections (BUCOR) Operating Manual dated March 30, 2000: “displays good behavior and who has no record of breach of discipline or violation of prison rules and regulations. 
• IRR of R.A. No. 10592: 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 regulations. Inmates of the New Bilibid Prison, Muntinlupa City v. Sec. Leila M. De Lima, DOJ, et. al., G.R. No. 212719, June 25, 2019)

Anchored in the Revised Penal Code, as amended, the GCTA framework is principally governed by Articles 29, 94, 97, 98, and 99. 

At the outset, Article 29 addresses the crediting of preventive imprisonment. Article 29 of Act No. 3815, as amended, provides that 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.

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.

Complementing this framework, Article 97 sets forth a graduated system of deductions based on the duration of imprisonment  and consistency of good behavior. THe longer the period of demonstrated discipline, the greater the corresponding credit: 

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.

Further reinforcing the rehabilitative thrust of the law, Article 98 introduces the Special Time Allowance for Loyalty (STAL), which grants additional sentence reductions to prisoners who demonstrate fidelity to lawful authority during calamities or emergencies. Article 98 of Act No. 3815, as amended, states that 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.

Article 98 shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

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