Article 29 Flashcards
What is Article 29 of the RPC?
Period of preventive imprisonment deducted from term of imprisonment. - Offenders 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 to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases:
- When they are recidivists or have been convicted previously twice or more times of any crime; and
- 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 be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment. (As amended by Republic Act 6127, June 17, 1970).
Whenever an accused has undergone preventive imprisonment for a period equal to or more than 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. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment. (As amended by E.O. No. 214, July 10, 1988).
When is there preventive imprisonment?
The accused undergoes preventive imprisonment when the offense charged is non-bailable, or even if bailable, he cannot furnish the required bail.
How does the full time or four-fifths rule apply?
Full Time of Preventive Imprisonment: if the detention prisoner AGREES voluntarily in writing, after the being informed of the effects thereof, and with the assistance of counsel, to abide by the same disciplinary rules imposed upon convicted prisoners.
Four-Fifths Time of Preventive Imprisonment: 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.
The appellant should be credited with the full time of his preventive imprisonment upon a showing that he agreed to abide by the same disciplinary rules imposed upon convicted prisoners
Can credit for preventive imprisonment for the penalty of reclusion perpetua be deducted from 30 years?
Yes. Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from 30 years.
Included by R.A. 10592
Is the credit given in the service of sentences not consisting of deprivation of liberty
No. It must consist the deprivation of liberty
How does the computation for preventive imprisonment for purposes of immediate release be done?
The actual period of detention plus good conduct time allowance.
If good conduct time allowance is granted to convicted prisoners, this benefit should also be extended to the detention prisoner
Does destierro constitute deprivation of liberty?
Yes.
A is accused of a crime punishable by a penalty from arresto menor to destierro (six months and one day to six years). A has been detained for 30 days since his arrest. What happens to A?
A should be released immediately after 30 days from his arrest and detention, even if the duration is destierro, the maximum penalty to which he may be sentenced, is from six months and one day to six years. The reason for this is that in destierro, the accused sentenced to that penalty does not serve it in prison.
Can a convict be released immediately if the penalty imposed after trial is less than the full time or four-fifths of the time of the preventive imprisonment?
Yes.
Can accused be released immediately whenever he has undergone preventive imprisonment for a period equal to the possible maximum imprisonment for the offense charged?
Yes.
How does time allowance for study, teaching, or mentoring work?
It is a privilege of 15 days granted for each month of studying, teaching, and mentoring service.
If the person deprived of liberty is 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 values development programs, there shall be an additional 15 days deduction for each month of confinement.
Credit for a child in conflict with the law
Under RA No 9344, the child in conflict with the law shall be credited in the service of his/her sentence with the full time spent in actual commitment and detention
List of offenders not entitled to be credited with the full time or four-fifths of the time of preventive imprisonment:
- Recidivists or those convicted previously twice or more times of any crime.
- Those who upon being summoned for the execution of their sentence, failed to surrender voluntarily.
- Habitual delinquents or those who, within a period of ten years from the date of his release or last conviction of the crimes or serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of any of said crimes a third time or oftener.
- Escapees
- Persons charged with heinous crimes.
