Preventive imprisonment; Senate bill pending.

Submitted jointly by Senate the Committees on Justice and Human Rights; and Constitutional
Amendments, Revision of Codes and Laws on AUG 2 4 2009

Re: Senate Bill No. 3 4 I) 0

Recommending its approval in substitution of Senate Bill Nos. 878 and 1036.
Sponsor: Senator Escudero

AN ACT GIVING OFFENDERS THE FULLEST BENEFIT OF PREVENTIVE
IMPRISONMENT, AMENDING FOR THE PURPOSE ARTICLE 29 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

Be it enncted by the Sennte and the House of Representntives of the Philippines in Congress assembled:

SECTION 1. Article 29, Chapter Three, Title 3, Book 1 of Act No. 3815, as amended, otherwise known as The Revised Penal Code, is hereby further amended to read as follows:

"ART. 29. Period of preventive imprisonment deducted from term of imprisonment. - 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] 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 AND SHALL be credited in the service of his sentence with four fifths of the time during whch he has undergone preventive imprisonment.

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.

COMPUTATION OF PREVENTIVE IMPRISONMENT FOR PURPOSES OF IMMEDIATE RELEASE UNDER THIS PARAGRAPH, SHALL BE THE ACTUAL PERIOD OF DETENTION WITH GOOD CONDUCT TIME ALLOWANCE. In case the maximum penalty to which the accused may be sentenced is destimo, he shall be released after thirty (30) days preventive
imprisonment.

CREDIT FOR PREVENTIVE IMPRISONMENT FOR THE PENALTY OF RECLUSION PERPETUA SHALL BE DEDUCTED FROM THIRTY (30) YEARS."

SEC. 2. Faithful compliance with the provisions of this Act is hereby mandated. As such, the penalty of one (1) year imprisonment, a fine of One Hundred Thousand Pesos (PlO0,OOO.OO) and perpetual disqualification to hold public office shall be imposed against any public officer or employee who violates the provisions of this Act.

SEC. 3. All laws, presidential decrees, executive orders, issuances, rules and regulations, or any part thereof, whch are deemed,inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.

SECTION 4. Separability Clause. - If any part hereof, is held invalid or unconstitutional, the remainder of the provision not otherwise affected shall remain valid and subsisting.

SECTION 5. Repealing Clnuse. - Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with, the provisions of this Act is hereby repealed, modified or amended accordingly.

SEC. 6. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or at least two (2) newspapers of general circulation.