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Senate Bill No. 271 - GOOD CONDUCT ALLOWANCE TO PRISONER/INMATES WITH APPEALED CASES

AN ACT AMENDING ARTICLE 97 OF ACT NO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE

14th Congress of the Philippines)
of the Philippines              )
Third Regular Session           )

SENATE
S. B. No. 271


Introduced by Senator Aquilino Q. Pimentel Jr.


 

EXPLANATORY NOTE

      

 

Article 97 of the Revised Penal Code, which provides for the allowance for good conduct, recognizes the ability of prisoners to reform while serving their sentences. This reduction of sentence is in consideration of the good conduct and diligence of a prisoner who does not violate the code of discipline or  prison rules, and has shown fidelity to the tasks given to him while serving sentence.

 

It is, however, unfortunate that under our present laws, prisoners are not entitled to good conduct allowance while their cases are on appeal. This.  rule either discourages prisoners from complying with prison rules or withdraw their appeals to qualify for good conduct allowance.

 

This bill seeks to remedy the situation by amending Article 97 of the Revised Penal Code and allows inmates, even with appealed cases, to qualify for good conduct allowances.

 

The early passage of this legislative measure is earnestly requested.

 

AQUILINO Q. PIMENTEL JR.


 

AN ACT

AMENDING ARTICLE 97 OF ACT NO. 3815, 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 97 of the Revised Penal Code is hereby amended to read as follows:

 

Article 97. Allowance for good conduct. - The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence:

 

  1. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior;
  2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior;
  3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and
  4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behavior.

 

AN APPEAL BY THE ACCUSED SHALL NOT DEPRIVE HIM OF ENTITLEMENT TO THE ABOVE ALLOWANCES FOR GOOD CONDUCT.

 

SECTION 2. Rules and Regulations. The Department of Justice shall issue the rules and regulations of this Act within thirty (30) days after its effectivity.

 

SECTION 3. Repealing Clause. All laws, executive orders, executive issuances, rules and regulations or part thereof inconsistent or contrary to the provisions of this Act, are hereby repealed or amended accordingly.

 

SECTION 4. Separability Clause. In case any provision of this Act is declared unconstitutional or invalid, the other provisions hereof which are not affected thereby shall continue in full force and effect.

 

SECTION 5. Effectivity. - This Act shall take effect thirty (30) days after its publication in two (2) national newspapers of general circulation.

 

Approved

 



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