DOJ, DILG release revised rules on prison sentence cuts

STOCK IMAGE

MANILA, Philippines — The Department of Justice (DOJ) has revised the implementing rules and regulations (IRR) for the Good Conduct Time Allowance (GCTA) law, which now makes all persons deprived of liberty (PDLs) — including those convicted of heinous crimes — eligible for GCTA benefits.

The revised IRR, signed by the DOJ and the Department of the Interior and Local Government on Friday, follows a landmark Supreme Court ruling in April affirming that all PDLs should be entitled to GCTA, regardless of the nature of their crimes.

Justice Undersecretary Raul Vasquez, delivering the message of Justice Secretary Jesus Crispin Remulla, said the new IRR is part of the government’s efforts to decongest correctional facilities and jails.

Around 8,000 PDLs from the Bureau of Corrections (BuCor) and 1,000 PDLs from the Bureau of Jail Management and Penology (BJMP) are expected to benefit from its implementation.

In the IRR first released in 2019, GCTA was defined as “a privilege granted to a prisoner, whether detained or convicted by final judgment, entitling them to a reduction of their jail or prison term for every month of actual detention or service of sentence as a reward for good conduct and exemplary behavior.”

However, those convicted of heinous crimes were excluded, even though no such exclusions were specified in the Revised Penal Code (RPC), or Republic Act (RA) No. 10592.

The Supreme Court ruled that “the 2019 IRR expanded the scope of RA No. 10592 when it excluded recidivists, habitual delinquents, escapees, and persons deprived of liberty convicted of heinous crimes from earning GCTA credits when the law itself did not do so,” the Supreme Court said.

On Sunday, the DOJ said that under Rule III of the amended IRR, prison authorities are mandated to inform detainees, upon commitment, of the provisions of Article 29 of the RPC, which pertain to preventive imprisonment credits.

Rule IV also explains how GCTA is credited during preventive imprisonment and after conviction, specifying the actual deductions for various periods of imprisonment.

During the first two years of imprisonment, 20 days may be deducted per month.

During the third to fifth years, 23 days may be deducted per month.

In the sixth to tenth years of imprisonment, the deduction increases to 25 days per month, while in the eleventh and subsequent years, 30 days per month may be deducted.

Other rules in the amended IRR cover time allowance for study, teaching, and mentoring, immediate release of PDLs under preventive imprisonment, and special time allowance for loyalty, among other provisions. INQ