Preventive Imprisonment

ART.29

Instances when accused undergoes preventive suspension:
1. offense is non-bailable
2. bailable but can’t furnish bail

Notes:

The full time or 4/5 of the time during which the offenders have undergone preventive suspension shall be deducted from the penalty imposed:

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 convicted prisoners

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.

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