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R3 GCTA Manual

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100% found this document useful (1 vote)
55 views50 pages

R3 GCTA Manual

Uploaded by

carlocrimas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

2019 REVISED UNIFORM

MANUAL ON CPI AND TIME


ALLOWANCES OF PDL
Legal Basis:
This Manual is adopted pursuant to Section 1, Rule XI, of the 2019
Revised IRR of RA No. 10592 which provides that:

“The BuCor, the BJMP, and the Provincial Jails shall develop,
formulate and continually update operations manuals,
comprehensive templates, computation tables, graduated list of
penalties, and other reference materials, to guide them in the
effective implementation of RA No. 10592 and these Rules.”

This Manual shall be liberally construed in favor of a PDL, whether


under preventive imprisonment or serving sentence by final
judgment.
Section 1. Duty to Inform PDL

- Upon commitment of the PDL to the provincial jail, BJMP or BuCor,


the prison/jail authority or representative shall orient the PDL on the
benefits granted by RA No. 10592, particularly CPI and time
allowances.

- For such purpose, said prison/jail authority shall inform the PDL,
using Corrections Cluster Form Nos. 1 and 2, in a language or
dialect known to and understood by the PDL.
Section 2. Conduct of Records Check

- The prison/jail authority or representative shall conduct a records


check to determine if the PDL committed is qualified or not for CPI
and time allowances.

- For this purpose, record checking shall be conducted from the


following offices, such as, but not limited to: prison/jail records,
PNP-Warrant Section, RTC-OCC, MTC-OCC, MTCC-OCC and
MCTC-OCC.
The prison/jail authorities shall endeavor to obtain a Memorandum
of Agreement between the BuCor, BJMP, Provincial Jails, or the
DOJ and the DILG, with the Supreme Court for the issuance of any
necessary certification, free of charge.
After conducting the records check, the prison/jail authority shall
determine the qualifications of the PDL, based on the documents
and certifications obtained. Thereafter, the concerned prison/jail
authority shall issue a certification as to whether the PDL is qualified
or not for CPI and time allowances.

All documents secured and certifications issued, pursuant to this


Section, shall form part of the carpeta.
CHAPTER 4
Credit for Preventive Imprisonment (CPI)
Section 6. Who are not Qualified – The following PDL shall not be
entitled to any credit for preventive imprisonment:

a. Recidivist;
b. An accused who has been convicted previously twice or more times
of any crime;
c. An accused who, upon being summoned for the execution of his
sentence has failed to surrender voluntarily before a court of law;
d. Habitual Delinquent;
e. Escapee; and
f. Those charged of heinous crimes, provided that a PDL who appeals
his case may be qualified in accordance with Section 11.
Section 9. Coverage of the Period of Preventive Imprisonment

- The accrual of CPI to a qualified PDL undergoing preventive


imprisonment shall begin from the date of arrest, until the finality
of the judgment of conviction.

- In case a PDL is preventively imprisoned by a law enforcement


agency, other than the BJMP or the provincial jails, a Certificate of
Detention shall be issued by the said law enforcement agency
for purposes of computing CPI, which shall form part of the
carpeta.
CHAPTER 5
Immediate Release
Section 13. Immediate Release of a PDL under Preventive
Imprisonment

– If the PDL has undergone an actual period of detention with


GCTA and TASTM, equal to the possible maximum imprisonment of
the offense charged to which the PDL may be sentenced and the
case is not terminated, the PDL shall be released immediately,
without prejudice to the continuation of the trial thereof or the
proceeding on appeal, except if the PDL is:
a. A Recidivist;
b. An accused who has been convicted previously twice or more times
of any crime;
c. An accused who, upon being summoned for the execution of
sentence, has failed to surrender voluntarily before a court of law;
d. A Habitual Delinquent;
e. An Escapee; and
f. Charged of Heinous Crime.
- It shall be the responsibility of the prison/jail authority to monitor the
preventive imprisonment of a PDL in order to avoid overstaying.

- If necessary, the prison/jail authority shall either manually or


electronically determine the expected date of release of the said
PDL. (For this purpose, the prison/jail authority may refer to Annex
O re: Computation Table of GCTA under RA No. 10592 for
guidance)

- The prison/jail authority shall undertake to inform the PDL, private


counsel or counsel de officio on record at least thirty (30) days
before the expiration of the possible maximum imprisonment.
- For purposes of filing the necessary pleading for immediate
release of the PDL, a Certificate of Detention and Certification of
CPI and Time Allowances granted shall be issued by the prison/jail
authority, using Corrections Cluster Form No. 7.

- The actual period of detention shall include the confinement of


the PDL while under the custody of any law enforcement
agency.

- For this purpose, the law enforcement agency shall issue a


Certificate of Detention, which shall form part of the carpeta of the
PDL.
- If the maximum penalty to which the PDL may be sentenced is
destierro , the PDL shall be released after thirty (30) days of
preventive imprisonment.

- Credit for Preventive Imprisonment for the penalty of reclusion


perpetua shall be deducted from thirty (30) years.
CHAPTER 6
Good Conduct Time Allowance (GCTA)
Section 15. Commencement of Entitlement to GCTA

– A qualified PDL shall begin to earn GCTA from the date of


commitment in the provincial jail, BJMP or BuCor.
Section 16. Graduated Scale of Deductible GCTA

- The graduated scale of deductible GCTA shall commence from the


date the PDL is committed in the provincial jail or BJMP.

- However, when a PDL is originally committed in the BuCor, the


graduated scale shall commence to run therefrom.

- Provided that when a PDL has been originally detained in the


provincial jail or BJMP and transferred to the BuCor, the graduated
scaling of deductible GCTA shall be continued.

- Provided further, that the detention of the PDL is without any Time
Gap.
Section 18. Good Conduct – refers to the faithful obedience to all
prison/jail rules and regulations, including the non-
commission, or non-participation in the commission
of any crime during the period of
detention/imprisonment, coupled with:

a. Conspicuous and satisfactory behavior of a detention or convicted


PDL consisting of, among others, active involvement in
developmental or reformatory programs, or productive participation
in authorized work activities; or

b. Accomplishment of exemplary deeds, as may be determined by


the prison/jail authority, not otherwise falling under paragraph (a) of
this Section.
 However, if the PDL could not participate in developmental or
reformatory programs, or authorized work activities, due to causes
not of the PDL’s own doing or beyond the PDL’s control, said PDL
shall still be entitled to GCTA, provided that there is faithful
obedience to all prison/jail rules and regulations, including the
noncommission, or non-participation in the commission of any crime
during the period of detention/imprisonment. The entitlement
hereunder shall be subject to the applicable processes/approvals
under this Manual.
Section 19. GCTA During Preventive Imprisonment. – The good conduct of a
detained PDL qualified for credit for preventive imprisonment shall entitle the said
PDL to deductions provided by RA No. 10592, its Revised IRR and this Manual,
as GCTA, from the possible maximum imprisonment.

The following shall not be entitled to any GCTA during preventive


imprisonment:

a. Recidivist;
b. An accused who has been convicted previously twice or more times of any
crime;
c. An accused who, upon being summoned for the execution of his sentence,
has failed to surrender voluntarily before a court of law;
d. Habitual Delinquent;
e. Escapee; and
f. Charged of heinous crimes.
Section 20. GCTA During Service of Sentence – The good conduct of
a PDL convicted by final judgment in any penal institution, rehabilitation
or detention center or any other local jail shall entitle the PDL to the
deductions provided by RA No. 10592, its Revised IRR and this Manual,
as GCTA, from the service of sentence.

The following shall not be entitled to any GCTA during service of


sentence:

a. Recidivist;
b. Habitual Delinquent;
c. Escapee; and
d. Convicted of heinous crimes.
Section 22. Violation of Prison/Jail Rules and Regulations

– Violation of prison/jail rules and regulations shall deprive the PDL


from entitlement to GCTA for a number of months corresponding
to the penalty imposed by the prison/jail authority.

A. Light Violations - penalty of three (3) months non-entitlement.

B. Less Serious Violations - penalty of six (6) months non-


entitlement.

C. Serious Violations - penalty of twelve (12) months non-


entitlement.
Section 23. Non-entitlement to GCTA for Multiple Violation of
Rules and Regulations

– The imposition of the penalty for multiple violation of prison/jail


rules and regulations shall result to non-entitlement of the PDL
to GCTA corresponding to the total number of months of the
penalties imposed by the prison/jail authority.
Section 24. Assessment of GCTA

– The GCTA of a qualified PDL shall be assessed at the end of


every month. For this purpose, a month shall be construed to
mean thirty (30) days.
CHAPTER 7
Time Allowance for Study, Teaching or Mentoring (TASTM)
Section 26. Who are Disqualified

– The following PDL shall not be entitled to TASTM:

[Link];
[Link] delinquent;
[Link]; and
[Link] and convicted of heinous crimes.
Section 28. Study, Teaching or Mentoring

– In addition to GCTA, a PDL shall be allowed another deduction of


fifteen (15) days for each month of study, teaching or mentoring
service time rendered.
A. Study

Category 1 - Formal/Non-Formal Education

– study under basic education and CHED authorized


undergraduate and post-graduate programs which shall be
evidenced by a monthly certificate of attendance, issued by the
teacher; provided that the PDL has undergone the required
attendance for the month.
A. Study

Category 2 - Technical/Vocational Education

– study of training courses accredited by TESDA, which shall be


evidenced by a monthly certificate of attendance, issued by the
instructor; provided that the PDL has undergone the required
attendance for the month.
A. Study

Category 3 - Developmental/Reformatory Programs

– programs other than the above categories, which are aimed


at enhancing the personal growth of the PDL, such as, but not
limited to: psycho-educational counseling; therapeutic community
modality trainings; values formation trainings; advanced first-aid
and disaster trainings, and the like, including technical/vocational
or skills training which are not otherwise accredited by TESDA.
The same shall be evidenced by a certificate of attendance to
be issued by the facilitator, stating that the PDL has undergone
the required attendance for the month.
A. Study

 Service providers, including the proposed developmental or


reformatory courses, shall be subject to an accreditation process
by the prison/jail authority, in accordance with the respective
accreditation processes and certified by the welfare and
development or reformation officer.
B. Teaching

- A PDL accredited by prison/jail authority, in accordance with


the accreditation processes of each correctional facility and
authorized to teach or mentor, shall be credited an additional
fifteen (15) days deduction for rendering the required teaching
service for the month.

- For the purpose of crediting time allowance for teaching, the


welfare and development or reformation officer shall issue a
Certificate of Teaching which shall form part of the carpeta of the
PDL.
C. Mentoring

- A PDL who is highly skilled and experienced in any industry,


accredited by prison/jail authority in accordance with the
respective accreditation processes and authorized to mentor
developmental or reformatory courses to another PDL, shall
be entitled to an additional fifteen (15) days deduction for
rendering the required mentoring service for the month.

- In the grant of time allowance for mentoring, the welfare and


development or reformation officer shall issue a Certificate of
Mentoring which shall form part of the carpeta of the PDL.
Section 29. Computation of TASTM

- In order to be entitled to TASTM, a PDL should earn a cumulative


sixty (60) hours of study, teaching or mentoring service within a
month.

- The accumulated study, teaching or mentoring service time


rendered in excess of the foregoing shall not be carried over
to the ensuing month.
CHAPTER 8
Special Time Allowance for Loyalty (STAL)
Section 31. Who are Disqualified

– The following shall not be entitled to STAL:

a. Recidivist;
b. Habitual Delinquent;
c. Escapee; and
d. Charged or convicted of heinous crimes.
Section 32. Deductible STAL

- A deduction of one fifth (1/5) of the period of sentence shall be


granted to any PDL who, having evaded preventive
imprisonment or service of sentence under the circumstances
mentioned in Article 158 of the RPC, as amended, gives up to the
authorities within forty-eight (48) hours following the issuance of a
proclamation announcing the passing away of the calamity or
catastrophe referred to in said article.

- A deduction of two-fifths (2/5) of the period of sentence shall be


granted in case said PDL chose to stay in the place of
confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of the RPC, as amended.
Section 33. Qualifications for STAL

– STAL shall be granted to any PDL, whether undergoing preventive


imprisonment charged in a court of law or serving sentence,
provided the following circumstances concur:
Section 35. Granting of STAL
- Upon conviction by final judgment, the prison/jail authority
where the PDL is confined shall direct the MSEC to assess,
evaluate and recommend the granting of STAL.
- After approval of the resolution of the MSEC, the prison/jail
authority shall grant STAL by the issuance of Certification using
Corrections Cluster Revised Form No. 7, which shall form part of
the carpeta.
- The prison/jail authority shall then determine if the PDL has
already fully served sentence, otherwise, the PDL shall be
transferred to BuCor for the completion of the service of sentence.
CHAPTER 9
Management, Screening and Evaluation Committee (MSEC)
Section 37. Composition of MSEC

- Membership in the MSEC shall not be less than five (5)


personnel and may include a representative from the
appropriate records office, reformation office or welfare and
development office, discipline office, legal/paralegal, office of the
overseer, and if available, a psychologist and a social worker.

- A probation and parole officer, a prosecutor and a


representative from civil society organization shall be invited
to appear as observers during the deliberations.
Section 38. Functions of the MSEC

– Each MSEC shall assess, evaluate, and recommend through a


Resolution to the Director General of the BuCor, the Chief of the
BJMP and Wardens of the provincial, district, city and municipal
jails, as the case may be, the recognition of CPI and the grant
of GCTA, TASTM or STAL to a qualified PDL, using Corrections
Cluster Revised Form Nos. 3 to 6, as may be appropriate.
Section 42. Safekeeping of Records

– The MSEC shall maintain files and keep records of all its
resolutions and documents pertaining to the recognition of time
credits and granting time allowances of PDL.
Section 43. MSEC Observers

– The MSEC shall invite representatives from the PPA, National


Prosecution Service (NPS) of the DOJ and accredited civil society
organizations to appear as observers during its deliberations.
Section 44. Access to PDL’s Information

– The MSEC shall maintain the integrity of sensitive personal


information contained in the PDL’s records and shall ensure
faithful compliance with the provisions of RA No. 10173, otherwise
known as the “Data Privacy Act of 2012”.
CHAPTER 10
Crediting of CPI and Grant of Time Allowances
Section 46. Crediting of Preventive Imprisonment and Granting
of Time Allowances – The concerned prison/jail authority shall credit
CPI and grant time allowances of a PDL, at the end of:

a. The second year of detention or imprisonment;


b. The fifth year of detention or imprisonment;
c. The tenth year of detention or imprisonment; or
d. The eleventh year of detention or imprisonment and every year
thereafter.
The foregoing notwithstanding, the concerned prison/jail authorities
shall grant accrued Time Allowances, as may be necessary, to
ensure the prompt and timely release of a qualified PDL based on his
presumptive entitlement to time credits and allowances.
 When a PDL is transferred from one detention facility to
another, i.e. from a provincial jail to another provincial jail/BJMP
jail/BuCor, from BJMP jail to another BJMP jail/provincial jail/
BuCor, and from BuCor to a provincial jail or BJMP jail, the
prison/jail authority shall issue a Summary of Credited CPI and
Granted Time Allowances using Corrections Cluster Form No.
8, which shall form part of the carpeta of the concerned PDL.
- end -

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