What is GCTA?

Good Conduct Time Allowance is a sentence reduction provision given to

prisoners who show good behaviour while serving sentence.

It is not new as it was already exist in the Codigo Penal and Revised Penal Code it
was only enhanced and lifted to be more beneficial to prisoners to make our
justice system to be more reformative and rehabilitative.

Unlike pardon and parole which a prisoner exercise temporary liberty with
conditions, the GCTA completely released or freed a person from imprisonment
without conditions at all.

What is RA 10592?

RA 10592 is an act amending article 29, 94, 97, 98 and 99 of Act 3815 otherwise
known as the RPC; to expand the application of GCTA, to increase the number of
days that may be credited, to allow deduction of sentence of 15 days for each
month of study, teaching, and or mentoring service, and to expand the special
time allowance for loyalty and make it applicable to those under preventive
imprisonment.

The law served a double purpose; to reform the convict, and induce for a good
conduct beyond its sentence, and aid for the discipline in the jail.

Thaw law when it was passed in 2013 was prospective where it only
benefits those who were sentence after the law was passed. Bilibid Inmates
appealed before the Supreme Court with the help of Human Rights lawyers who
argued for the equal protection. In this year SC declared that the law shall be
retroactive, to apply to everyone, even inmates jailed before 2013 should also be
covered and benefit from the law.

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Who can benefit from the GCTA?

Inmates who showed good behaviour and not involved in violation of prison rules
and regulations or have no record of breach of discipline shall be eligible of GCTA.

Good Behaviour defined in the IRR of the RA as the conspicuous and satisfactory
behaviour of a convicted prisoner consisting of active involvement in
rehabilitation programs productive participation in authorized work activities or
accomplishment of exemplary deeds coupled with faithful obedience to all
prison rules and regulations (GR 212719 / GR 214637)

Who are excluded?

According to section 1 of RA 10592, following are excluded from availing GCTA

law

1. Recidivist
A recidivist is one who, at the time of his trial for one crime, shall
have been previously convicted by final judgment of another crime
embraced in the same title of RPC

2. Habitual delinquents
a person who, within a period of ten years from the date of his
release or last conviction of the crimes of serious or less serious physical
injuries, robbery, theft, estafa, or falsification, is found guilty of any said
crimes a third time or oftener.

3. Escapee
A person who escape from jail or a person summoned for the
execution of their sentence failed to surrender

4. Persons charged with Heinous Crime

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Heinous Crimes RA 7659
(An act to impose death penalty) says that the HC are the following;
a. Qualified Piracy
b. Qualified Bribery
c. Parricide
d. Murder
e. Infanticide
f. Kidnapping and serious illegal detention
g. Robbery with violence against intimidation of person
h. Destructive arson
i. Rape
j. Importation, distribution, manufacturing and possession of illegal drugs

Because of the gravity if these crimes, anyone who committed anyone in the list
should be stayed in jail.

These crimes were considered heinous “for being grievous, odious and hateful
offenses and which, by reason of their inherent wickedness and perversity are
repugnant and outrageous to the common standard and norms of decency and
morality in a just, civilized and ordered society.

Preventive imprisonment – is the period of detention undergone by an accused

where the crime with which he is charged is non-bailable or, even if bailable, he is
unable to post the required bail.

Article 29,RPC – Period of preventive imprisonment to be deducted from term of

imprisonment.

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Section 2 of RA 10592 amend article 94 of the RPC

3. For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence

“Undergoing preventive imprisonment” was added from original provision of the

article. Previously good conduct computation will begin only after final judgement
but this law included preventive imprisonment to the calculation of good conduct
allowance.

Article 94,RPC – Partial extinction of Criminal Liability

Conditional pardon is considered a contract between the sovereign power of the

executive and the convict that the former will release the latter upon compliance
with the condition.

Parole – is the suspension of the sentence of a convict, after serving the minimum
term of the indeterminate penalty, without being granted a pardon, prescribing
the terms upon which the sentence shall be suspended

CONDITIONAL PARDON PAROLE

1. May be given at any time after 1. May be given after the prisoner
final judgment; is granted by the has served the minimum penalty; is
Chief Executive under the granted by the Board of Pardons and
provisions of the Administrative Parole under the provision of the
Code Indeterminate Sentence Law
2. For violation of the conditional 2. For violation of the terms of the
pardon, the convict may be parole, the convict CANNOT BE
ordered re-arrested or re- PROSECUTED UNDER ART. 159 OF
incarcerated by the Chief THE RPC, he can be re-arrested and
Executive, or may be PROSECUTED re-incarcerated to serve the
under Art. 159 of the Code unserved portion of his original
penalty

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Section 3, RA 10592 amend Article 97 amends the number of days to be
deducted from every period of imprisonment and added 15 days deduction for
each month of study, teaching or mentoring service time rendered during the
sentence.

1. In the first 2 years of imprisonment for each month of good behaviour, 20

days will be deducted from the total sentence
- So if a prisoner behaved every month that is 480 days or roughly 1 year
and 3 months

2. In the 3rd to 5th years of imprisonment, for each month of good behaviour
23 days will be deducted from the total sentence.
- So if a prisoner behaved every month that is 828 days or 2 years and 3
months

3. In 6th to 10th years of imprisonment, for each month of good behaviour 25

days will be deducted from the total sentence.
- So if a prisoner behaved every month that is 1500 days or more than 4
years

4. And, during 11th years and the successive years, 30 days will be deducted
from the total sentence for each month of good behaviour
- So if he behaved every month from 11th year to 25th years of
imprisonment a prisoner will earn more than 14 years

5. In addition, an inmate shall get 15 days additional reduction for each month
of study, teaching and mentoring services.

Article 97. Allowance for good conduct

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To understand this section will take example former mayor Antonio Sanchez of
Calauan, Laguna who brought controversy in availing this law. He was convicted
and sentence for 9 counts/terms of reclusion perpetua. 1 term of reclusion
perpetua the penalty is 20yrs & 1 day to 40 years. But article 70 of the RPC states
that if a person is sentence to 2 or more penalties those shall be served
successively, but not more than 3 times the length of the most severe penalty,
but in no case to exceed 40 yrs (3 fold rule).

Therefore instead of serving sentence of 9 terms by 40yrs or 360 years, he will

going to serve only 40 years as per art 70. And if he showed good behaviour while
serving sentence

Section 4 amend art 98 Special Time allowance for Loyalty, in relation to art 158
Evasion of service of sentence on the occasion of disorders, conflagration
earthquakes or other calamities

1/5 from the total sentence, when he surrendered to authorities after 48 hours
following the declaration that the calamity or catastrophe is gone

2/5 from the total sentence, when the prisoner decided to stay in the jail or place
of confinement despite on the existence of the calamity

Section 5 amend art 99 for those who grants time allowance from Director of
Prison to

“Director of the BuCor, Chief of BJMP and Warden of Regional, District, Municipal
or city”

Once granted it cannot be revoked

PCpl Jun Didato