Republic Act 10592 was enacted in 2013, amending RA 3815 or the Revised Penal Code (RPC).

The law increased the GCTA of prisoners to be credited in the service of their sentence. Last
June, the Supreme Court (SC) ruled that the law should apply retroactively.

What is good conduct time allowance?

Good conduct time allowance or GCTA is a sentence reduction provision afforded prisoners
who show good behavior.

It has been in existence since 1906. Act 1533 provided for the “diminution of sentences
imposed upon prisoners” in consideration of good conduct and diligence.

Citing a 1908 decision, the SC said the law served a double purpose: to “encourage the convict
in an effort to reform” and “induce...habits of industry and good conduct” in the person
beyond one’s sentence, and “aid to discipline” various jails and penitentiaries.

Twenty-four years later, the RPC, a legal code governing crimes and their punishment, was
signed into law, incorporating good conduct time allowances for “any prisoner in any penal
situation.”

What is RA 10592 and how does it work?

In May 2013, then President Benigno “Noynoy” Aquino III signed RA 10592, amending Articles
29, 94, 97, 98, and 99 of the RPC, which sought to:

 expand the application of the GCTA to those under preventive imprisonment or those
detained prior and during criminal trial, who are deemed too dangerous for release;
 increase the number of days that may be credited for GCTA;
 allow an additional sentence deduction of 15 days for each month of study, teaching, or
mentoring service; and
 expand the special time allowance for loyalty and make it applicable to those under
preventive imprisonment.

In cases of "special circumstances," such as calamities, prisoners who, after evading preventive
imprisonment or the service of their sentence, give themselves up to authorities within 48
hours after the "circumstance" had passed, will get a "loyalty" deduction of one-fifth of their
sentence.

This means, prisoners who have evaded service due to fire, earthquake, explosion, or other
catastrophes must surrender within two days from authorities’ declaration that such events are
no longer present to qualify for the loyalty deduction.
Section 5 of the law says the BuCor director, the Bureau of Jail Management and Penology
chief, and/or the warden of a provincial, district, municipal or city jail “shall grant allowances
for good conduct.”

Last June, the SC granted the petition filed by New Bilibid Prison inmates, voiding Sec. 4, Rule
1 of RA 10592 Implementing Rules and Regulations (IRR), which states that the grant of time
allowance of prisoners for good conduct, study, teaching, and mentoring service, and loyalty
“shall be prospective in application.”

The High Court ruled that the law should be applied retroactively, meaning those detained or
convicted before RA 10592 was passed should also be covered by, and, therefore, potentially
benefit from, the law.

The ruling is in accordance with Article 22 of the RPC, which states that penal laws “shall have
a retroactive effect insofar as they favor the persons guilty of the felony, who is not a habitual
criminal.”

Who can benefit from the law?

Inmates who display "good behavior and [have] no record of breach of discipline or violation of
prison rules and regulations" may be eligible for GCTA, according to the BuCor operating
manual, as cited in the SC decision.

The IRR of RA 10592 defines good behavior as:

"the conspicuous and satisfactory behavior of a detention or 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/jail rules and regulations”

Source: Supreme Court, G.R. No. 212719/G.R. No. 214637, June 25, 2019

Over the past years, Sanchez was found to have violated jail policies, according to reports
from Philstar.com, Rappler, and CNN Philippines.

In 2006, a complaint was filed against Sanchez for allegedly possessing shabu and marijuana.

In 2010, a kilo of shabu worth P1.5 million was discovered in one of the Blessed Virgin Mary
statues inside his cell. Five years later, an air-conditioner, flat-screen television, and
refrigerator were seized from his cell.

Sanchez also tested positive for illegal drug use, according to a BuCor report.

Who are excluded from the law?

Recidivists or those who “have been convicted previously twice or more times of any crime,”
habitual delinquents, escapees and persons charged with heinous crimes are excluded from its
coverage, according to section 1 of RA 10592.

The law, as well as RPC, however, does not define what constitutes a “heinous crime.”

Under RA 7659 or the Death Penalty Act, heinous crimes are:

“grievous, odious and hateful offenses and which, by reason of their inherent or manifest
wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the common
standards and norms of decency and morality in a just, civilized and ordered society.”

The Death Penalty Act, which was repealed in 2006, classified murder and rape as “heinous
crimes” that may be punishable by death.

In 1995, Sanchez and six others were sentenced to seven terms of reclusion perpetua, for the
brutal rape and murder of University of the Philippines Los Baños student Eileen Sarmenta and
for the torture and murder of Allan Gomez, another student, two years prior.

Under the RPC, the maximum detention period is 40 years, regardless of the number of terms
that one must serve. This means Sanchez will serve only 40 years in prison at most, even if he
was sentenced to seven terms of life imprisonment.

In 1996, the court convicted Sanchez and three others of double murder of father and son
Nelson and Rickson Peñalosa. Sanchez was already in jail then for the rape-slay of Sarmenta
and the killing of Gomez, according to Inquirer.net, Philstar.com, and ABS-CBN News.

In 1999, the SC affirmed the lower courts’ rulings against Sanchez for the Sarmenta-Gomez
rape-slay and the Peñalosas slay cases.

Sources:

ABS-CBN News, Ex-Calauan mayor Sanchez, convicted for 1993 rape and murder, set for
release, Aug. 21, 2019
Philstar.com, Ex-mayor Antonio Sanchez set for release, Aug. 21, 2019

Interaksyon, Rapist-murderer Antonio Sanchez is about to walk free, and people are furious,
Aug. 21, 2019

Official Gazette, Republic Act 10592

Lawphil.net, Act 1533

Chan Robles Virtual Law Library, Act 1533

Official Gazette, Republic Act 3815

Bureau of Corrections, Operating Manual

Supreme Court, Inmates of the New Bilibid Prison, Muntinlupa City, namely: Venancio A.
Roxas, et al. Vs Secretary Leila M. De Lima, Department of Justice and Secretary Manuel A.
Roxas II, Department of the Interior and Local Government/Reynaldo D. Edago, et al. Vs.
Secretary Leila M. De Lima, et al., June 25, 2019

Philstar.com, Good behavior? Prison violations, murder convictions mar Sanchez's record, Aug.
22, 2019

Rappler.com, BuCor changes tune: Sanchez may not be freed soon after all, Aug. 22, 2019

CNN Philippines, Family of Antonio Sanchez's victim questions convict's supposed good
behavior in Bilibid, Aug. 22, 2019

Official Gazette, Republic Act 7659

Inquirer.net, Antonio Sanchez was convicted of 2 other murders, Aug. 22, 2019

ABS-CBN News, Sanchez had sought clemency, but was denied due to ‘gravity of offenses’,
Aug. 23, 2019

Supreme Court, G.R. No. 121039-45, January 25, 1999

Act No. 3815 vs RA 10592

Act. No. 3815 R.A. 10592

December 8, 1930 July 23, 2012
Revised Penal Code
Article 29. Period of preventive imprisonment
deducted from term of imprisonment. - Offenders
who have undergone preventive imprisonment
shall be credited in the service of their sentence
consisting of deprivation of liberty, with the full
time during which they have undergone preventive
imprisonment, if the detention prisoner agrees
voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted
prisoners, except in the following cases:
1. When they are recidivists or have been
convicted previously twice or more times
of any crime; and
2. When upon being summoned for the
execution of their sentence they have
failed to surrender voluntarily.
If the detention prisoner does not agree to abide by
the same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his
sentence with four-fifths of the time during which
he has undergone preventive imprisonment. (As
amended by Republic Act 6127, June 17, 1970).
Whenever an accused has undergone preventive
imprisonment for a period equal to or more than
the possible maximum imprisonment of the offense
charged to which he may be sentenced and his case
is not yet terminated, he shall be released
immediately without prejudice to the continuation
of the trial thereof or the proceeding on appeal, if
the same is under review. In case the maximum
penalty to which the accused may be sentenced is
destierro, he shall be released after thirty (30) days
of preventive imprisonment. (As amended by E.O.
No. 214, July 10, 1988).
Section 1. Article 29 of Act No. 3815, as amended,
otherwise known as the Revised Penal Code, is
hereby further amended to read as follows:
"ART. 29. Period of preventive
imprisonment deducted from term of
imprisonment. – Offenders or accused who
have undergone preventive imprisonment
shall be credited in the service of their
sentence consisting of deprivation of
liberty, with the full time during which they
have undergone preventive imprisonment
if the detention prisoner agrees voluntarily
in writing after being informed of the
effects thereof and with the assistance of
counsel to abide by the same disciplinary
rules imposed upon convicted prisoners,
except in the following cases:
"1. When they are recidivists, or
have been convicted previously
twice or more times of any crime;
and
"2. When upon being summoned
for the execution of their sentence
they have failed to surrender
voluntarily.
"If the detention prisoner does not agree to
abide by the same disciplinary rules
imposed upon convicted prisoners, he shall
do so in writing with the assistance of a
counsel and shall be credited in the service
of his sentence with four-fifths of the time
during which he has undergone preventive
imprisonment.
"Credit for preventive imprisonment for
the penalty of reclusion perpetua shall be
deducted from thirty (30) years. 1âwphi1
"Whenever an accused has undergone
preventive imprisonment for a period equal
to the possible maximum imprisonment of
the offense charged to which he may be
sentenced and his case is not yet
terminated, he shall be released
immediately without prejudice to the

Article 94. Partial Extinction of criminal liability. -
Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the
culprit may earn while he is serving his
sentence.
Article 97. Allowance for good conduct. - The good
conduct of any prisoner in any penal institution
shall entitle him to the following deductions from
the period of his sentence:
1. During the first two years of his
imprisonment, he shall be allowed a
continuation of the trial thereof or the
proceeding on appeal, if the same is under
review. Computation of preventive
imprisonment for purposes of immediate
release under this paragraph shall be the
actual period of detention with good
conduct time allowance: Provided,
however, That if the accused is absent
without justifiable cause at any stage of the
trial, the court may motu proprio order the
rearrest of the accused: Provided,
finally, That recidivists, habitual
delinquents, escapees and persons charged
with heinous crimes are excluded from the
coverage of this Act. In case the maximum
penalty to which the accused may be
sentenced is lestierro, he shall be released
after thirty (30) days of preventive
imprisonment."
Section 2. Article 94 of the same Act is hereby
further amended to read as follows:
"ART. 94. Partial extinction of criminal
liability. – Criminal liability is extinguished
partially:
"1. By conditional pardon;
"2. By commutation of the
sentence; and
"3. For good conduct allowances
which the culprit may earn while
he is undergoing preventive
imprisonment or serving his
sentence."
Section 3. Article 97 of the same Act is hereby
further amended to read as follows:
"ART. 97. Allowance for good conduct. –
The good conduct of any offender qualified
for credit for preventive imprisonment
pursuant to Article 29 of this Code, or of
 deduction of five days for each month of
good behavior;
2. During the third to the fifth year,
inclusive, of his imprisonment, he shall be
allowed a deduction of eight days for each
month of good behavior;
3. During the following years until the tenth
year, inclusive, of his imprisonment, he
shall be allowed a deduction of ten days for
each month of good behavior; and
4. During the eleventh and successive years
of his imprisonment, he shall be allowed a
deduction of fifteen days for each month of
good behaviour.
Article 98. Special time allowance for loyalty. - A
deduction of one-fifth of the period of his
sentence shall be granted to any prisoner who,
having evaded the service of his sentence under
the circumstances mentioned in Article 58 of this
any convicted prisoner in any penal
institution, rehabilitation or detention
center or any other local jail shall entitle
him to the following deductions from the
period of his sentence:
"1. During the first two years of
imprisonment, he shall be allowed
a deduction of twenty days for
each month of good behavior
during detention;
"2. During the third to the fifth
year, inclusive, of his
imprisonment, he shall be allowed
a reduction of twenty-three days
for each month of good behavior
during detention;
"3. During the following years until
the tenth year, inclusive, of his
imprisonment, he shall be allowed
a deduction of twenty-five days for
each month of good behavior
during detention;
"4. During the eleventh and
successive years of his
imprisonment, he shall be allowed
a deduction of thirty days for each
month of good behavior during
detention; and
"5. At any time during the period
of imprisonment, he shall be
allowed another deduction of
fifteen days, in addition to
numbers one to four hereof, for
each month of study, teaching or
mentoring service time rendered.
"An appeal by the accused shall not deprive
him of entitlement to the above allowances
for good conduct."
Section 4. Article 98 of the same Act is hereby
further amended to read as follows:
"ART. 98. Special time allowance for
loyalty. – A deduction of one fifth of the
Code, gives himself up to the authorities within
48 hours following the issuance of a proclamation
announcing the passing away of the calamity or
catastrophe to in said article.
period of his sentence shall be granted to
any prisoner who, having evaded his
preventive imprisonment or the service of
his sentence under the circumstances
mentioned in Article 158 of this Code, gives
himself up to the authorities within 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 of
the period of his sentence shall be granted
in case said prisoner chose to stay in the
place of his confinement notwithstanding
the existence of a calamity or catastrophe
enumerated in Article 158 of this Code.

"This Article shall apply to any prisoner

whether undergoing preventive
imprisonment or serving sentence."

Article 99. Who grants time allowances. -
Whenever lawfully justified, the Director of
Prisons shall grant allowances for good conduct.
Such allowances once granted shall not be
revoked.
Section 5. Article 99 of the same Act is hereby
further amended to read as follows:"
"ART. 99. Who grants time allowances. –
Whenever lawfully justified, the Director of
the Bureau of Corrections, the Chief of the
Bureau of Jail Management and Penology
and/or the Warden of a provincial, district,
municipal or city jail shall grant allowances
for good conduct. Such allowances once
granted shall not be revoked."

Summary of Amendments:

 Period of preventive imprisonment deducted from term of imprisonment

- Art. 29 of Act No. 3815 amended by Section 1 of RA 10592
- From “ if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary
rules imposed upon convicted prisoners” to “if the detention prisoner agrees voluntarily in
 writing after being informed of the effects thereof and with the assistance of counsel to abide by
the same disciplinary rules imposed upon convicted prisoners’
- From “he shall be credited in the service of his sentence with four-fifths of the time during
which he has undergone preventive imprisonment” to ‘he shall do so in writing with the
assistance of a counsel and shall be credited in the service of his sentence with four-fifths of the
time during which he has undergone preventive imprisonment”
- Addendum: "Credit for preventive imprisonment for the penalty of reclusion perpetua shall be
deducted from thirty (30) years.”
- From “Whenever an accused has undergone preventive imprisonment for a period equal to or
more than the possible maximum imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated” to “Whenever an accused has undergone
preventive imprisonment for a period equal to the possible maximum imprisonment of the
offense charged to which he may be sentenced and his case is not yet terminated”
- Addendum: “Computation of preventive imprisonment for purposes of immediate release
under this paragraph shall be the actual period of detention with good conduct time
allowance: Provided, however, That if the accused is absent without justifiable cause at any stage
of the trial, the court may motu proprio order the rearrest of the accused: Provided, finally, That
recidivists, habitual delinquents, escapees and persons charged with heinous crimes are
excluded from the coverage of this Act.”

 Partial Extinction of criminal liability

- Art. 94 of Act No. 3815 amended by Section 2 of RA 10592
- Par. 3, From “For good conduct allowances which the culprit may earn while he is serving his
sentence’ to “For good conduct allowances which the culprit may earn while he is undergoing
preventive imprisonment or serving his sentence”

 Allowance for good conduct

- Art. 97 of Act No. 3815 amended by Section 3 of RA 10592
- From “The good conduct of any prisoner in any penal institution shall entitle him to the
following deductions from the period of his sentence’ to “The good conduct of any offender
qualified for credit for preventive imprisonment pursuant to Article 29 of this Code, or of any
convicted prisoner in any penal institution, rehabilitation or detention center or any other local
jail shall entitle him to the following deductions from the period of his sentence”
- Par. 1, from “deduction of five days for each month of good behavior’ to ‘deduction of twenty
days for each month of good behavior during detention”
- Par. 2, from “deduction of eight days for each month of good behavior” to ‘reduction of
twenty-three days for each month of good behavior during detention”
- Par. 3, from ‘deduction of ten days for each month of good behavior” to “deduction of twenty-
five days for each month of good behavior during detention”
- Par. 4, from “deduction of fifteen days for each month of good behavior” to “deduction of
thirty days for each month of good behavior during detention”
- Addendum: Par. 5 “At any time during the period of imprisonment, he shall be allowed
another deduction of fifteen days, in addition to numbers one to four hereof, for each month of
study, teaching or mentoring service time rendered”
- Addendum: "An appeal by the accused shall not deprive him of entitlement to the above
allowances for good conduct."
 Special time allowance for loyalty
- Art. 98 of Act No. 3815 amended by Section 4 of RA 10592
- Addendum: “A deduction of two-fifths of the period of his sentence shall be granted in case
said prisoner chose to stay in the place of his confinement notwithstanding the existence of a
calamity or catastrophe enumerated in Article 158 of this Code.”
- Addendum; "This Article shall apply to any prisoner whether undergoing preventive
imprisonment or serving sentence."

 Who grants time allowances

- Art. 99 of Act No. 3815 amended by Section 5 of RA 10592
- From “Whenever lawfully justified, the Director of Prisons shall grant allowances for
good conduct. Such allowances once granted shall not be revoked” to “Whenever
lawfully justified, the Director of the Bureau of Corrections, the Chief of the Bureau of Jail
Management and Penology and/or the Warden of a provincial, district, municipal or city jail shall
grant allowances for good conduct. Such allowances once granted shall not be revoked”

 Period of preventive
imprisonment deducted
from term of
imprisonment
(Art. 29 of Act No. 3815 as
amended by Sec. 1 of RA 10592)
Act No. 3815
“ if the detention prisoner agrees
voluntarily in writing to abide by
the same disciplinary rules
imposed upon convicted
prisoners”
“he shall be credited in the
service of his sentence with four-
fifths of the time during which he
has undergone preventive
imprisonment”
“Whenever an accused has
undergone preventive
imprisonment for a period equal
to or more than the possible
maximum imprisonment of the
offense charged to which he may
be sentenced and his case is not
yet terminated”
RA 10592
“if the detention prisoner agrees
voluntarily in writing after being
informed of the effects thereof
and with the assistance of
counsel to abide by the same
disciplinary rules imposed upon
convicted prisoners”
“he shall do so in writing with the
assistance of a counsel and shall
be credited in the service of his
sentence with four-fifths of the
time during which he has
undergone preventive
imprisonment”
"Credit for preventive
imprisonment for the penalty
of reclusion perpetua shall be
deducted from thirty (30) years.”
“Whenever an accused has
undergone preventive
imprisonment for a period equal
to the possible maximum
imprisonment of the offense
charged to which he may be
sentenced and his case is not yet
terminated”
“Computation of preventive
imprisonment for purposes of
immediate release under this
paragraph shall be the actual
period of detention with good
conduct time
allowance: Provided,
however, That if the accused is
absent without justifiable cause
at any stage of the trial, the court
may motu proprio order the
rearrest of the accused: Provided,
finally, That recidivists, habitual
delinquents, escapees and
persons charged with heinous
crimes are excluded from the
coverage of this Act.”
  Partial Extinction of
criminal liability
(Art. 94 of Act No. 3815 as
amended by Sec. 2 of RA 10592)
 Allowance for good
conduct
(Art. 97 of Act No. 3815 as
amended by Sec. 3 of RA 10592)
 Special time allowance
for loyalty
Par. (3) “For good conduct
allowances which the culprit may
earn while he is serving his
sentence”
“The good conduct of any
prisoner in any penal institution
shall entitle him to the following
deductions from the period of his
sentence”
Par. (1) “deduction of five days
for each month of good
behavior”
Par. (2) “deduction of eight days
for each month of good
behavior”
Par. (3) “deduction of ten days
for each month of good
behavior”
Par. (4) “deduction of fifteen days
for each month of good behavior
“For good conduct allowances
which the culprit may earn while
he is undergoing preventive
imprisonment or serving his
sentence”
“The good conduct of any
offender qualified for credit for
preventive imprisonment
pursuant to Article 29 of this
Code, or of any convicted
prisoner in any penal institution,
rehabilitation or detention center
or any other local jail shall entitle
him to the following deductions
from the period of his sentence”
“deduction of twenty days for
each month of good behavior
during detention”
“reduction of twenty-three days
for each month of good behavior
during detention”
“deduction of twenty-five days
for each month of good behavior
during detention”
“deduction of thirty days for each
month of good behavior during
detention”
Par. (5) “At any time during the
period of imprisonment, he shall
be allowed another deduction of
fifteen days, in addition to
numbers one to four hereof, for
each month of study, teaching or
mentoring service time
rendered”
"An appeal by the accused shall
not deprive him of entitlement to
the above allowances for good
conduct."
“A deduction of two-fifths of the
period of his sentence shall be
granted in case said prisoner
chose to stay in the place of his
(Art. 98 of Act No. 3815 as
amended by Sec. 4 of RA 10592)
 Who grants time
allowances
(Art. 99 of Act No. 3815 as
amended by Sec. 5 of RA 10592)
“Whenever lawfully justified,
the Director of Prisons shall
grant allowances for good
conduct. Such allowances once
granted shall not be revoked”
confinement notwithstanding the
existence of a calamity or
catastrophe enumerated in
Article 158 of this Code.”
"This Article shall apply to any
prisoner whether undergoing
preventive imprisonment or
serving sentence."
“Whenever lawfully justified, the
Director of the Bureau of
Corrections, the Chief of the
Bureau of Jail Management and
Penology and/or the Warden of a
provincial, district, municipal or
city jail shall grant allowances for
good conduct. Such allowances
once granted shall not be
revoked”