e. Credit for Preventive Imprisonment

Credit for Preventive Imprisonment

Concept

Preventive imprisonment is detention undergone before the service of a sentence. Article 29, as amended by Republic Act No. 10592, credits that time toward a sentence consisting of deprivation of liberty. The amount of credit depends principally on whether the detention prisoner accepts the disciplinary rules imposed on convicted prisoners. (Rep. Act No. 10592 (amending Art. 29))¹

Governing provisions

Amended Article 29 governs the credit for preventive imprisonment and provides a separate rule for immediate release when detention reaches the possible maximum imprisonment for the offense charged. Article 28 addresses when the duration of penalties is computed; it does not replace the credit rules in amended Article 29. (Rep. Act No. 10592 (amending Art. 29))¹ (Art. 28, Revised Penal Code)²

Requisites / Rules

• Full credit. The detention prisoner must voluntarily agree in writing, after being informed of the effects and with the assistance of counsel, to abide by the same disciplinary rules imposed on convicted prisoners. The full period of preventive imprisonment is then credited, subject to the stated exceptions. (Rep. Act No. 10592 (amending Art. 29))¹
• Four-fifths credit. If the detention prisoner does not agree to those disciplinary rules, the refusal must be made in writing with the assistance of counsel. The credit is four-fifths of the period of preventive imprisonment. (Rep. Act No. 10592 (amending Art. 29))¹
• Reclusion perpetua. Credit for preventive imprisonment is deducted from 30 years. (Rep. Act No. 10592 (amending Art. 29))¹
• Immediate release. If preventive imprisonment equals the possible maximum imprisonment for the offense charged and the case remains unterminated, the accused shall be released immediately, without prejudice to continued trial or proceedings on appeal. (Rep. Act No. 10592 (amending Art. 29))¹

Distinctions

The earlier text of Article 29 provided one-half credit and included a disqualification based on conviction for specified offenses. The text as amended by Republic Act No. 10592 instead states full-credit and four-fifths-credit rules, and does not include that specified-offense disqualification. (Art. 29, Revised Penal Code)³ (Rep. Act No. 10592 (amending Art. 29))¹

Credit for time already spent in preventive imprisonment is distinct from allowances for good conduct. The amended Code separately recognizes good conduct allowances earned during preventive imprisonment or service of sentence as a ground for partial extinguishment of criminal liability. (Rep. Act No. 10592 (amending Art. 29))¹ (Rep. Act No. 10592 (amending Art. 94))⁴

Key doctrines

Administrative rules may fill in statutory details but may not add disqualifications that contradict or expand the statute to the prejudice of persons deprived of liberty. In the supplied ruling, provisions of the 2019 implementing rules were nullified insofar as they disqualified persons subsequently convicted by final judgment from good conduct time allowance. (Guinto v. Department of Justice, G.R. No. 249027, 3 April 2024)⁵

Exceptions

Amended Article 29 excepts from its full-credit rule recidivists or persons previously convicted at least twice of any crime, and persons who failed to surrender voluntarily when summoned for execution of their sentence. These are the exceptions stated in the supplied amended provision; its separate four-fifths rule addresses a written refusal to accept the disciplinary rules. (Rep. Act No. 10592 (amending Art. 29))¹

Bar tip

Check the written choice, counsel’s assistance, and the applicable credit fraction before computing time served. Separately ask whether detention has already reached the possible maximum imprisonment while the case remains pending. (Rep. Act No. 10592 (amending Art. 29))¹