IMPLEMENTING RULES AND REGULATION Section 1. Definition of Terms.

– As used herein,
OF REPUBLIC ACT NO. 10592, OTHERWISE the following terms shall means:
KNOWN AS “AN ACT AMENDING ARTICLES a. “Act” - Shall refer to Act No. 3815, otherwise
29, 94, 97, 98 AND 99 OF ACT NO. 3815, known as the Revise penal code, as amended;
b. “Accused” - An offender who is under detention
OTHERWISE KNOWN AS THE REVISE
and against whom a Criminal Complaint or
PENAL CODE, AS AMENDED” prosecutor’s information has been filed in a court of
law;
Pursuant to Section 7 of Republic Act c. “BJMP” - Bureau of Jail Management and
No.10592 entitled as “An Act Amending Articles 29, Penology;
94, 97, 98 and 99 of Act No. 3815, Otherwise known d. “BUCOR” - Bureau of Corrections;
as the Revised Penal Code, as Amended” the e. “Chief” - Chief of BJMP;
Implementing Rules and Regulations (IRR) are f. “Commitment Order” - A written order of a court of
hereby promulgated: law or any other competent authority committing a
person to jail or prison for confinement;
RULE I g. “Convicted Prisoner” - A person who has
GENERALS PROVISIONS undergone trials and who has been convicted by a
Section 1. Title. – These Rules shall be referred as final judgment by a court of law or tribunal, for the
the “Implementing Rules and Regulations” of felony or offense he committed;
Republic Act No. 10592. h. “Correctional Facility” - A prison or Jail’
Section 2. Scope and Application. – These rules i. “Counsel” - A lawyer tasked or requested to assist
shall apply to any prisoners, whether under detention a detention prisoner in explaining the provisions of the
or convicted by final judgment, in a local, rehabilitation Article 29 of the Revise Penal Code regarding the
or detention center or in a penal institution. benefit of credit for preventive imprisonment;
Section 3. Construction. – These Rules shall be j. “Destierro” - A penalty in which a person shall not
constructed liberally in favor of a detained or be permitted to enter the place or places designated
convicted prisoner. in the sentence, or within radius therein specified,
Section 4. Prospective Application. – Considering which shall not be more than 250 and not less than 25
these Rules provide for new procedures and kilometer from place designated;
standards of behavior for the grant of good conduct k. “Detainee” - An offender who is accused before a
time allowance as provided in Section 4 of Rule V court of law or competent authority who is under
hereof and require the creation of a Management preventive imprisonment or temporarily confined in jail
Screening and Evaluation Committee (MSEC) as or prison while undergoing investigation or trial or
provided in Section 3 of the same Rule, the grant of awaiting final judgment;
good conduct time allowance under Republic Act No. l. “Detainee’s Manifestation” - A written declaration
10592 shall be prospective in application. of a detained prisoner, with the assistant of a counsel,
The grant of time allowance of study, teaching and stating his refusal to abide by the same disciplinary
mentoring and of special time allowance for loyalty rules imposed upon a convicted prisoner for the
shall also be prospective in application as these purpose of availing the full credit of the period of his
privileges are likewise subject to the management, preventive imprisonment;
screening and evaluation of the MSEC. m. “Detainee’s Waiver” - A written declaration of a
detained prisoner, with the assistant of a counsel,
RULE II stating his refusal to abide by the same disciplinary
OBJECTIVE rules imposed upon a prisoner convicted by final
Section 1. Objectives. – The credit for preventive judgment and thus be entitled to a credit of four-fifths
imprisonment, as well as the increase in the time (4/5) of the time during preventive imprisonment;
allowance granted for good conduct and exemplary n. “Director” - Director of the BUCOR;
services rendered or for loyalty, seek to: o. “Felony” - An act or commission defined and
a. Redeem and uplift valuable human material penalized under the provisions of the Revise Penal
toward economic and social usefulness; Code as amended;
b. Level the field of opportunity by giving an p. “Good Conduct” - Refers to the conspicuous and
increased time allowance to motivate prisoner to satisfactory behaviour of a detention or convicted
pursue a productive and law-abiding life; and prisoner consisting of active involvement in
c. Implement the state policy of restorative and rehabilitation programs, productive participation in
compassionate justice by promoting the reformation authorized work activities or accomplishment of
and rehabilitation of prisoner, strengthening their exemplary deeds coupled with faithful obedience to all
moral fiber and facilitating their successful prison/jail rules and regulations;
reintegration into the mainstream of society. q. “Good Conduct Time Allowance” - A privilege
granted to a prisoner, whether detained or convicted
RULE III by final judgment, entitling him to a reduction of his jail
DEFINITION OF TERMS or prison term for every month of actual detention or
service of sentence as a reward for good conduct and diploma or to one serving his fellow prisoner as a
exemplary behavior; teacher or mentor while incarcerated, equivalent to a
r. “Habitual Delinquent” - A person who, within the deduction of a maximum of fifteen (15) days for every
period of ten (10) years from the date of release from month of study or mentoring services; and
prison or last conviction of the crimes of serious or bb. “Warden” - The head of the district, municipal
less serious physical injuries, robbery, theft, estafa, and city jails under the BJMP or of the provincial and
and falsification, is found guilty of any said crimes a sub-provincial jails under the office of the Provincial
third time of oftener; Governor.
s. “Jail” - A detention or correctional facility managed
by the BJMP or the local government unit mandated RULE IV
by law to safekeep and rehabilitate a prisoner who is THE BENEFITS OF CREDIT FOR PREVENTIVE
under preventive of imprisonment or who is IMPRISONMENT (CPI)
sentenced to not more than three (3) years of Section 1. Duty to Inform Detainees of the Credit
imprisonment by order of a court of a law or for Preventive Imprisonment. – It shall be the duty
competent authority; of the chief of the BJMP, Jail Warden or the Director
t. “Offense” - A criminal act defined and penalized by of the BUCOR having custody the detention prisoner
special laws; to inform that the period of his preventive
u. “Operations Manual” - Also referred to as imprisonment shall be deducted from the term of his
“Manual of Operations”, a document of all pertinent imprisonment in accordance with Article 29 of the
issuance and laws which deal with the administration Revise Penal Code, as amended.
and management of jail or prison and the treatment Section 2. Who are Entitled. – An accused who has
and discipline of prisoner in a detention or correctional undergone preventive imprisonment shall be credited,
facility; either full or four-fifths (4/5) term, for his actual
v. “Preventive Imprisonment” - Is a temporary detention or service of his sentence, provided he is
confinement in jail or prison while undergoing not disqualified under article 29 of the Revise Penal
investigation or trial or awaiting final judgment; Code, as amended, and under the following section.
w. “Prison” - Any correction facility managed by the Section 3. Who are Disqualified. – The grant of
BUCOR to safekeep and rehabilitate the prisoner credit of preventive imprisonment shall not apply to
convicted by the final judgment, whose sentence the following;<
exceeds three (3) years, or who is sentenced to serve a. An accused who is recidivist as defined under
two (2) or more prison terms and who aggregated Article 14 (9), Chapter 111, Book 1 of the Revise
sentences exceed three (3) years; Penal Code;
x. “Proper Authority” - Shall refer either to; b. An accused who has been convicted previously
a) The Secretary of the Department of Justice (for the twice or more times of any crime; and
BUCOR), or c. An accused who, upon being summoned for the
b) The Secretary of the Department of the Interior and execution of his sentence, has failed to surrender
Local Government (for the BJMP), or voluntarily before a court of law.
c) The Provincial Governor (for Provincial Jails). Section 4. Effect of Detainee’s Manifestation. – An
y. “Recidivist” - A person who, at the time his trial for accused who has undergone preventive imprisonment
one crime, shall have been previously convicted by shall be credited with the full time during which he
final judgment of other crime embraced and the same has undergone preventive imprisonment if;
title of the Revise Penal Code, as amended; a. He agrees voluntarily, in writing, to abide by the
z. “Special Time Allowance for Loyalty” (STAL) - A same disciplinary rules imposed upon convicted
privilege granted to a prisoner, whether detained or prisoners; if
convicted by final judgment, who has evaded b. Such undertaking is executed with the
preventive imprisonment or service of sentence under assistance of the counsel.
the circumstances cited in article 158 of the Revised Section 5. Effect of Detainee’s Waiver. – An
Penal Code, as amended, and surrendered to the accused who has undergone preventive imprisonment
authorities within forty-eight (48) hours following the and who does not agree to abide by the same
proclamation announcing the passing away of the disciplinary rules imposed upon prisoners convicted
calamity and the catastrophe referred to in the said by final judgment shall be credited by the service of
article in the form of the deduction of one fifth (1/5) his sentence with four-fifths (4/5) of the time during
from his preventive imprisonment or service of which he has undergone preventive imprisonment if;
sentence or a deduction of two fifth (2/5) if prisoner a. He shall do in writing
opted to stay in jail or prison during the calamity; b. With the assistance of counsel.
aa. “Time Allowance for Study, Teaching and Section 6. Provisional Release while under
Mentoring” (TASTM) - A privilege granted to a Preventive Imprisonment -
prisoner, whether detained or convicted by final a. Whenever an accused has undergone
judgment, as a reward for having earned a post post- preventive imprisonment for a period equal to the
graduate degree or collage degree, a certificate of imposable maximum imprisonment of the offense
completion of a vocational or technical skills or values charged to which he my be sentenced and his case is
development course, a high school or elementary not yet decided, he shall be released immediately
without prejudice to the continuation of the trial imprisonment, he shall be allowed a deduction of
thereof or the proceeding on appeal, if the same is thirty days of his month of good behavior during
under review, except for the following: detention.
1) Recidivist Section 3. Management, Screening and Evaluation
2) Habitual Delinquent Committee (MSEC). –
3) Escapee a. The Director of the BUCOR, Chief of the BJMP
4) Person charged with heinous crimes and Wardens of various provinces, cities, districts and
b. If the maximum penalty to which the accused municipalities are mandated to assess, evaluate and
may be sentenced is destierro, he shall be released grant time deduction to deserving prisoner, whether
after thirty (30) days of imprisonment. detained or convicted by final judgment, in the form of
The computation of preventive imprisonment for GCTA, STAL and TASTM as prescribed by these
purposes of immediate release shall be the actual Rules through the creation of the MSEC.
period of detention with good conduct time b. The composition of the MSEC shall be
allowance; provided, however, that if the accused is determined by the Director of the BUCOR, Chief of
absent without motu propio order the re-arrest of the the BJMP or Wardens of Provincial and Sub-
accused. Provincial, District, City and Municipal Jails,
Section 7. GCTA of an Accused Qualified for CPI. respectively. Membership shall not be less than five
– An accused who is qualified for credit for preventive (5) and shall include a Probation and Parole Officer,
imprisonment shall also be qualified to avail the and if available, a psychologist and a social worker.
benefit of good conduct time allowance provided for c. The MSEC shall prepare minutes of every
under Article 97 of the Revised Penal Code, as meeting to record each proceeding.
amended, and pursuant to the procedures laid down Section 4. Procedures for the Grant of Good
in Rule V hereof. Conduct Time Allowance. – The following
Section 8. Deduction for Credit for Preventive procedures shall be followed in the grant of GCTA;
Imprisonment when Impossible Penalty is a. The BUCOR, BJMP and Provincial Jail shall
Reclusion Perpetua. – Credit for preventive give special considerations to satisfactory behaviour
imprisonment for the penalty of reclusion of a detention or convicted prisoner consisting of
perpetua shall be deducted from thirty (30) years. active involvement in rehabilitation programs,
productive participation in authorized work activities or
RULE V accomplishment of exemplary deeds. It is understood
GOOD CONDUCT TIME ALLOWANCE that in all instances, the detained or convicted
(GCTA) prisoner must faithfully obey all prison/jail rules and
Section 1. Who are Entitled. – The good conduct for regulations;
the following shall be entitle them to the deductions b. The BUCOR, BJMP and Provincial Jails shall
describe in Section 2 hereunder from their sentence each create the MSEC of such appropriate number of
as good conduct time allowance (GCTA) Pursuant to MSECs tasked to manage, screen and evaluate the
Article 29 of the Revised Penal Code, as amended, behaviour or conduct of a detention or convicted
and to Section 2 to 8 hereof: prisoner;
a. A detention prisoner qualified for credit for c. After due commendation of the behaviour or
preventive imprisonment for his good conduct and conduct shown by a detained or convicted prisoner,
exemplary behaviour; and the MSEC shall then recommended to the appropriate
b. A prisoner convicted by the final judgment in official the appropriate GCTA that may be credited in
any penal institution, rehabilitation or detention center favor of said prisoner ranging from the minimum of
or any other local jail for his good conduct and the allowable credit to the maximum credit thereof;
exemplary behaviour. d. Acting on the recommendation of the MSEC,
Section 2. Deductible Good Conduct Time the appropriate official named in Section 1 of Rule VII
Allowance. – A qualified prisoner, whether detained hereof shall either;
or convicted by final judgment, shall be entitled to the 1. Approve the recommendation and issue a
following deduction from his sentence for good certification granting GCTA to the prisoner for the
conduct: particular period;
a. During the first two years of imprisonment, he 2. Disapprove the recommendation if the
shall be allowed a deduction of twenty days for each prisoner recommended is not qualified to be granted
month of good behavior during detention; the benefit or that errors or irregularities attended the
b. During the third to fifth year, inclusive, of his evaluation of the prisoner; or
imprisonment, he shall be allowed a reduction of 3. Return the recommendation, without
twenty-three days of each month of good behavior action, for corrections as regards to the name, prison
during detention; number or other clerical or inadvertent errors, or the
c. During the following years until the tenth year, further evaluation of the conduct or behaviour of the
inclusive for his imprisonment he shall be allowed a prisoner concerned.
reduction of twenty-five days for each month of good e. The appropriate official concerned shall ensure
behavior during detention; and that GCTAs are processed each month and that there
d. During the eleventh and successive years of his
is proper recording of a prisoner’s good behavior in
the jail or prison records. RULE VII
Section 5. Computer Template and Manual. – The PARTIAL EXTINCTION OF CRIMINAL LIABILITY
BUCOR, BJMP and Provincial Jails shall design and Section 1. Partial Extinction of Criminal Liability. –
use a computer-generated or automated template to Criminal liability is extinguished partially:
monitor the progress of detainee’s or prisoner’s a. By conditional pardon;
convicted by final judgment capable of incorporating b. By commutation of sentence; and
time allowances that may be grated to each of them. c. For good conduct time allowances which the
In addition, a written computation table or manual of culprit may earn while he is undergoing preventive
preventive imprisonment or service of sentence imprisonment or serving sentence.
incorporating time allowances shall be prepared and
used as the primary official reference by the BUCOR, RULE VIII
BJMP and Provincial Jails. OFFICIALS AUTHORIZED TO GRANT TIME
Section 6. Time Allowance for Study, Teaching ALLOWANCES
and Mentoring (TSTM). – At any time during the Section 1. Who Grants Time Allowances. –
period of imprisonment, an accused or prisoner Whenever lawfully justified, the following officials shall
convicted by final judgment shall be allowed, in grant allowances for good conduct:
addition to the benefits provided for Under Section 2, a. Director of the Bureau of Corrections
Rule V, another deduction of Fifteen (15) days, for b. Chief of the Bureau of Jail Management and
each month of his time rendered for – Penology; and/or
a. Study c. Warden of a Provincial, District, City or
b. Teaching; or Municipal Jail
c. Mentoring Services
Section 7. Procedures for the Grant of TASTM. –
a. The BUCOR, BJMP and Provincial Jails shall
each keep a master list of detainees or prisoners
convicted by final judgment, who have been allowed,
subject to their respective jail or prison rules, to study,
teach or perform mentoring activities within their
respective detention or prison facility;
b. The MSEC shall be tasked to monitor and
certify whether said prisoner, for the period covered,
has actually studied, taught or performed mentoring
duties;
c. If the prisoner is qualified, the MSEC shall
recommend to the concerned officials the grant of
TASTM who shall approve the same by issuing a
corresponding certification.
Section 8. Effect When Case of an Accused is on
Appeal. – An appeal by the accused shall not deprive
him of his entitlement to the time allowances.

RULE VI
SPECIAL ALLOWANCE FOR LOYALTY (STAL)
Section 1. Special Time Allowance for Loyalty. –
a. A deduction of one-fifth (1/5) of the 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 Revised Penal Code,
gives himself up to the authorities within forty-eight
(48) hours following the issuance of the proclamation
announcing the passing away of the calamity or
catastrophe referred to in said article.
b. A deduction of two-fifth (2/5) 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 the Revised
Penal Code.
Provided that he has not committed other offense
or any act in violation of the law or the act.