Instances when accused undergoes preventive suspension:
1. offense is non-bailable
2. bailable but can’t furnish bail
The full time or 4/5 of the time during which the offenders have
undergone preventive suspension shall be deducted from the
full time: if the detention prisoner agrees voluntarily in
writing to abide by the same disciplinary rules
imposed upon convicted prisoners
four-fifths of the time: if the detention prisoner does not
agree to abide by the same disciplinary rules imposed upon
In the case of a youthful offender who has been proceeded against
under the Child and Youth Welfare Code, he shall be credited in
the service of his sentence with the full time of his actual
detention, regardless if he agreed to abide by the same
disciplinary rules of the institution or not.
Offenders not entitled to be credited with the full time or
four-fifths of the time of their preventive imprisonment.
Recidivists or those convicted previously twice or more
times of any crime.
Those who, upon being summoned for the execution of their
sentence, failed to surrender voluntarily (convicts who
failed to voluntarily surrender to serve their penalties
under a final judgment, not those who failed or refused to
voluntarily surrender after the commission of the crime)
Habitual Delinquents are not entitled to credit of time under
preventive imprisonment since he is necessarily a recidivist or
has been convicted previously twice or more times of any crime.
Duration of RP is to be computed at 30 years, thus, even if the
accused is sentenced to life imprisonment, he is entitled to
the full time or 4/5 of the time of preventive suspension.
Credit is given in the service of sentences consisting of
deprivation of liberty (imprisonment and destierro), whether
perpetual or temporal. Thus, persons who had undergone
preventive imprisonment but the offense is punishable by a fine
only would not be given credit.
Destierro is considered a “deprivation of liberty.”
If the penalty imposed is arresto menor to destierro, the
accused who has been in prison for 30 days (arresto menor to
30 days) should be released because although the maximum penalty
is destierro (6 months and 1 day to 6 years), the accused
sentenced to such penalty does not serve it in prison.