GCTA Flashcards
_____________ are not eligible for executive clemency for a period of one (1) year from the date or their last recommitment to prison or conviction for evasion of service of sentence.
Prisoners who escaped or evaded service of sentence
___________ not Eligible for Executive Clemency.
PRISONERS
-is the reduction of period of imprisonment if the convict shows good behavior.
GOOD CONDUCT TIME ALLOWANCE
___________ does not apply to detention prisoners. It is applicable to them only if they voluntarily place in writing that they may be treated like convicted prisoners. (Art 97 of the Revised Penal Code)
GOOD CONDUCT TIME ALLOWANCE
GOOD CONDUCT TIME ALLOWANCE does not apply to ____________. It is applicable to them only if they voluntarily place in writing that they may be treated like convicted prisoners. (Art 97 of the Revised Penal Code)
detention prisoners
–it is NOT AN EXECUTIVE CLEMENCY
GCTA
–once signed, considered as full credit and you are assisted by your counsel
DETAINEES MANIFESTATION
– once signed, you are treated as convicted inmate/ offender
DETAINEES MANIFESTATION
–4/5 will be reduced on you serve and assisted by your counsel
DETAINEES WAIVER
- it increased the GCTA
RA 10592
-if you did not signed the detainees manifestation, you will sign this
DETAINEES WAIVER
WHO ARE DISQUALIFIED FOR GCTA?
a. An accused who is a recidivist or an accused who has been convicted previously twice or more times of any crime; persons charged with and/or convicted of heinous crimes are not entitled to the benefits under the gcta law,
b. An accused who, upon being summoned for the execution of his sentence, has failed to surrender voluntarily before a court of law.
–ang nag-expire is crime and the person is not yet convicted
PRESCRIPTION OF CRIME
FORMER GCTA COMPUTATION
1- 2 years is 5 days per month
3-5 years is 8 days per month
6-10 years is 10 days per month
11 and above is 15 days per month
GCTA COMPUTATION UNDER REPUBLIC ACT NO. 10592
1- 2 years is 20 days per month
3-5 years is 23 days per month
6-10 years is 25 days per month
11 and above is 30 days per month
–ang nag-expire ay penalty and convicted ka na tas tinakasan mo yung penalty
PRESCRIPTION OF PENALTY
_____ made by prisoner do not disturb entitlement of good conduct allowance.
Appeals
At any time during the period of imprisonment, he shall be allowed another deduction of __________, for each month of study, teaching or mentoring service time rendered.
fifteen days
A deduction of ____ 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 RPC, 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.
one fifth
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 RPC, 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.
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 _________ of RPC, 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.
Article 158
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 RPC, gives himself up to the authorities ________ following the issuance of a proclamation announcing the passing away of the calamity or catastrophe referred to in said article.
within 48 hours
-A deduction of ______ 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 the Revised Penal Code.
two-fifths
WHO GRANTS TIME ALLOWANCES?
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
-Such allowances once granted shall not be ________.
revoked
–the one who evaluates or screen a convicted person if he/she deserves to get GCTA
MANAGEMENT SCREENING AND EVALUATION COMMITTEE (MSEC)
How many members does MSEC have?
5 members
Under what act does a prisoner serving life sentence automatically reduced to 30 years of imprisonment upon attaining the classification of TRUSTEE OR PENAL COLONIST.
ACT NO. 2489
-otherwise known as the INDUSTRIAL GOOD TIME LAW,
-it provides that when a prisoner has been classified as trustee or penal colonist, he is given an additional 5 days’ time allowance for every month of service.
A prisoner serving life sentence automatically reduced to 30 years of imprisonment upon attaining the classification of _______
TRUSTEE OR PENAL COLONIST
provides that when a prisoner has been classified as trustee or penal colonist, he is given an additional ________ time allowance for every month of service.
5 days
A prisoner serving life sentence automatically reduced to _______ upon attaining the classification of TRUSTEE OR PENAL COLONIST
30 years of imprisonment
WHAT ARE THE CRIMES THAT MAY BE POSSIBLY COMMITTED BY A PERSON WHILE SERVING HIS SENTENCE IN JAIL OR IN THE COMMUNITY?
a. EVASION OF SERVICE OF SENTENCE;
b. EVASION OF SERVICE OF SENTENCE IN THE OCCASION OF DISORDERS, CONFLAGRATION, EARTHQUAKES, OR OTHER CALAMITIES; AND
c. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE.
additional of how many if not able to present himself to authorities within 48 days?
1/5
what are the classes of prisoners:
COLONIST
1ST CLASS
2ND CLASS
3RD CLASS
-This is committed by a convict who shall ___________ by escaping during the term of his imprisonment by reason of final judgment. (Art 157 of the Revised Penal Code)
evade service of his sentence
-Those who fail to give themselves up to the authorities are liable for the _____________
Crime of Evasion of Service of Sentence in the Occasion of Disorders, Conflagration, Earthquakes, or other calamities. (Art 158 of the Revised Penal Code)
-In case of disorder or other kinds of calamity, prisoners or detainees may be ordered to leave the penal institution where they are detained or imprisoned. However, they must give themselves up to the authorities within 48 hours following the issuance of the proclamation by the __________ announcing the passing away of such calamity.
Chief Executive
-In case of disorder or other kinds of calamity, prisoners or detainees may be ordered to leave the penal institution where they are detained or imprisoned. However, they must give themselves up to the authorities within 48 hours following the issuance of the proclamation by the Chief Executive announcing the passing away of such calamity.
EVASION OF SERVICE OF SENTENCE IN THE OCCASION OF DISORDERS, CONFLAGRATION, EARTHQUAKES, OR OTHER CALAMITIES
_________ who under the circumstances mentioned above, shall give themselves up to the authorities within the above-mentioned period, shall be entitled to the reduction of 1/5 of the period of his sentence. (Art. 159 of the Revised Penal Code)
CONVICTS
-This is committed by any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same. (Art. 159 of the Revised Penal Code)
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE.
WHAT ARE THE FORMS OR KINDS OF HABITUALITY OR REPETITION?
a. RECIDIVISM;
b. QUASI-RECIDIVISM;
c. HABITUAL DELIQUENCY
d. REITERACION.
when the offender has been previously punished for an offense to which the law attaches an equal or greater penalty, or when he has been previously punished for two (2) or more crimes previously to which the law attaches a lighter penalty.
REITERACION.
when within ten (10) years from the date of last conviction or last release of a person for any of the crimes of serious physical injury, less serious physical injury, theft, robbery, estafa, or falsification, he is found guilty the third time or oftener. (SLTREF or FRETSeL)
HABITUAL DELIQUENCY
The one to be committed must be a FELONY
QUASI-RECIDIVISM
is an act or omission punishable by Special Laws
OFFENSE
when a person who, before serving sentence or while serving sentence, commits another felony.
QUASI-RECIDIVISM
is an act or omission punishable by the Revised Penal Code
FELONY
when an accused at the time of his trial for an offence shall have been previously convicted by final judgment of a crime embraced in the same title of the Revised Penal Code.
RECIDIVISM
