REPUBLIC ACT No.

6127

AN ACT AMENDING ARTICLE TWENTY-NINE OF THE REVISED PENAL CODE TO

GIVE FULL TIME CREDIT UNDER CERTAIN CONDITIONS TO OFFENDERS WHO
HAVE UNDERGONE PREVENTIVE IMPRISONMENT (DETENTION PRISONERS) IN
THE SERVICE OF THEIR SENTENCES.

Section 1. Article 29 of the Revised Penal Code is hereby amended to read as follows:

"Art. 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."

Section 2. This Act shall take effect upon its approval.

Approved: June 17, 1970

REPUBLIC ACT No. 6036

AN ACT PROVIDING THAT BAIL SHALL NOT, WITH CERTAIN EXCEPTIONS, BE

REQUIRED IN CASES OF VIOLATIONS OF MUNICIPAL OR CITY ORDINANCES
AND IN CRIMINAL OFFENSES WHEN THE PRESCRIBED PENALTY FOR SUCH
OFFENSES IS NOT HIGHER THAN ARRESTO MAYOR AND/OR A FINE OF TWO
THOUSAND PESOS OR BOTH.

Section 1. Any provision of existing law to the contrary notwithstanding, bail shall not be
required of a person charged with violation of a municipal or city ordinance, a light
felony and/or a criminal offense the prescribed penalty for which is not higher than six
months imprisonment and/or a fine of two thousand pesos, or both, where said person
has established to the satisfaction of the court or any other appropriate authority hearing
his case that he is unable to post the required cash or bail bond, except in the following
cases:

(a) When he is caught committing the offense in flagranti;

(b) When he confesses to the commission of the offense unless the confession is
later repudiated by him in a sworn statement or in open court as having been
extracted through force or intimidation;

(c) When he is found to have previously escaped from legal confinement, evaded
sentence, or jumped bail;

(d) When he is found to have previously violated the provisions of Section 2

hereof;

(e) When he is found to be a recidivist or a habitual delinquent or has been

previously convicted for an offense to which the law or ordinance attaches an
equal or greater penalty or for two or more offenses to which it attaches a lighter
penalty;

(f) When he commits the offense while on parole or under conditional pardon;
and

(g) When the accused has previously been pardoned by the municipal or city
mayor for violation of municipal or city ordinance for at least two times.

Section 2. Instead of bail, the person charged with any offense contemplated by
Section 1 hereof shall be required to sign in the presence of two witnesses of good
standing in the community a sworn statement binding himself, pending final decision of
his case, to report to the Clerk of the Court hearing his case periodically every two
weeks. The Court may, in its discretion and with the consent of the person charged,
require further that he be placed under the custody and subject to the authority of a
responsible citizen in the community who may be willing to accept the responsibility. In
such a case the affidavit herein mentioned shall include a statement of the person
charged that he binds himself to accept the authority of the citizen so appointed by the
Court. The Clerk of Court shall immediately report the presence of the accused person
to the Court. Except when his failure to report is for justifiable reasons including
circumstances beyond his control to be determined by the Court, any violation of this
sworn statement shall justify the Court to order his immediate arrest unless he files bail
in the amount forthwith fixed by the Court.

Section 3. This Act shall apply to all person who, at the time of its approval, are under
temporary detention for inability to post bail for charges contemplated by Section 1
above.

Section 4. This Act shall take effect upon its approval.

Approved: August 4, 1969

BATAS PAMBANSA BILANG 85

AN ACT AUTHORIZING THE RELEASE OF ANY OFFENDER OR ACCUSED WHO

HAS UNDERGONE PREVENTIVE IMPRISONMENT EQUAL TO OR MORE THAN
THE POSSIBLE MAXIMUM IMPRISONMENT TO WHICH HE MAY BE SENTENCED
BY AMENDING THE REVISED PENAL CODE.
chan robles virtual law library
chanrobles virtual law library
Section 1. Article twenty-nine of Public Act Numbered Thirty-eight hundred and
fifteen, otherwise known as the Revised Penal Code, as amended by Republic Act
Numbered Sixty-one hundred and twenty-seven, is further amended to read as
follows:chanroblesvirtuallawlibrary chanrobles virtual law library

"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 to abide by the same disciplinary
rules imposed upon convicted prisoners except in the following
cases:chanroblesvirtuallawlibrary chanrobles virtual law library
"1. When they are recidivists, or have been convicted previously twice or more
times of any crime; and chanrobles virtual law library
"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.
"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 unless he is
detained by virtue of an arrest, search and seizure order (ASSO). 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." chanrobles virtual
law library

Se

PD 603

CHAPTER III
Youthful Offenders

Article 189. Youthful Offender Defined. - A youthful offender is one who is over nine
years but under twenty-one years of age at the time of the commission of the offense.

A child nine years of age or under at the time of the offense shall be exempt from
criminal liability and shall be committed to the care of his or her father or mother, or
nearest relative or family friend in the discretion of the court and subject to its
supervision. The same shall be done for a child over nine years and under fifteen years
of age at the time of the commission of the offense, unless he acted with discernment,
in which case he shall be proceeded against in accordance with Article 192.

The provisions of Article 80 of the Revised Penal Code shall be deemed modified by the
provisions of this Chapter.

Article 190. Physical and Mental Examination. - It shall be the duty of the law-
enforcement agency concerned to take the youthful offender, immediately after his
apprehension, to the proper medical or health officer for a thorough physical and mental
examination. Whenever treatment for any physical or mental defect is indicated, steps
shall be immediately undertaken to provide the same.

The examination and treatment papers shall form part of the record of the case of the
youthful offender.

Article 191. Care of Youthful Offender Held for Examination or Trial. - A youthful
offender held for physical and mental examination or trial or pending appeal, if unable to
furnish bail, shall from the time of his arrest be committed to the care of the Department
of Social Welfare or the local rehabilitation center or a detention home in the province or
city which shall be responsible for his appearance in court whenever required: Provided,
That in the absence of any such center or agency within a reasonable distance from the
venue of the trial, the provincial, city and municipal jail shall provide quarters for youthful
offenders separate from other detainees. The court may, in its discretion, upon
recommendation of the Department of Social Welfare or other agency or agencies
authorized by the Court, release a youthful offender on recognizance, to the custody of
his parents or other suitable person who shall be responsible for his appearance
whenever required.

Article 192. Suspension of Sentence and Commitment of Youthful Offender. - If after

hearing the evidence in the proper proceedings, the court should find that the youthful
offender has committed the acts charged against him the court shall determine the
imposable penalty, including any civil liability chargeable against him. However, instead
of pronouncing judgment of conviction, the court shall suspend all further proceedings
and shall commit such minor to the custody or care of the Department of Social Welfare,
or to any training institution operated by the government, or duly licensed agencies or
any other responsible person, until he shall have reached twenty-one years of age or,
for a shorter period as the court may deem proper, after considering the reports and
recommendations of the Department of Social Welfare or the agency or responsible
individual under whose care he has been committed.

The youthful offender shall be subject to visitation and supervision by a representative

of the Department of Social Welfare or any duly licensed agency or such other officer as
the Court may designate subject to such conditions as it may prescribe.

Article 193. Appeal. - The youthful offender whose sentence is suspended can appeal
from the order of the court in the same manner as appeals in criminal cases.

Article 194. Care and Maintenance of Youthful Offender. - The expenses for the care
and maintenance of the youthful offender whose sentence has been suspended shall be
borne by his parents or those persons liable to support him: Provided, That in case his
parents or those persons liable to support him can not pay all or part of said expenses,
the municipality in which the offense was committed shall pay one-third of said
expenses or part thereof; the province to which the municipality belongs shall pay one-
third; and the remaining one-third shall be borne by the National Government.
Chartered cities shall pay two-thirds of said expenses; and in case a chartered city
cannot pay said expenses, part of the internal revenue allotments applicable to the
unpaid portion shall be withheld and applied to the settlement of said indebtedness.

All city and provincial governments must exert efforts for the immediate establishment of
local detention homes for youthful offenders.

Article 195. Report on Conduct of Child. - The Department of Social Welfare or its
representative or duly licensed agency or individual under whose care the youthful
offender has been committed shall submit to the court every four months or oftener as
may be required in special cases, a written report on the conduct of said youthful
offender as well as the intellectual, physical, moral, social and emotional progress made
by him.

Article 196. Dismissal of the Case. - If it is shown to the satisfaction of the court that the
youthful offender whose sentence has been suspended, has behaved properly and has
shown his capability to be a useful member of the community, even before reaching the
age of majority, upon recommendation of the Department of Social Welfare, it shall
dismiss the case and order his final discharge.

Article 197. Return of the Youth Offender to Court. - Whenever the youthful offender
has been found incorrigible or has wilfully failed to comply with the conditions of his
rehabilitation programs, or should his continued stay in the training institution be
inadvisable, he shall be returned to the committing court for the pronouncement of
judgment.

When the youthful offender has reached the age of twenty-one while in commitment, the
court shall determine whether to dismiss the case in accordance with the next preceding
article or to pronounce the judgment of conviction.

In any case covered by this article, the youthful offender shall be credited in the service
of his sentence with the full time spent in actual commitment and detention effected
under the provisions of this Chapter.

Article 198. Effect of Release of Child Based on Good Conduct. - The final release of a
child pursuant to the provisions of this Chapter shall not obliterate his civil liability for
damages. Such release shall be without prejudice to the right for a writ of execution for
the recovery of civil damages.

Article 199. Living Quarters for Youthful Offenders Sentence. - When a judgment of
conviction is pronounced in accordance with the provisions of Article 197, and at the
time of said pronouncement the youthful offender is still under twenty-one, he shall be
committed to the proper penal institution to serve the remaining period of his sentence:
Provided, That penal institutions shall provide youthful offenders with separate quarters
and, as far as practicable, group them according to appropriate age levels or other
criteria as will insure their speedy rehabilitation: Provided, further, That the Bureau of
Prisons shall maintain agricultural and forestry camps where youthful offenders may
serve their sentence in lieu of confinement in regular penitentiaries.

Article 200. Records of Proceedings. - Where a youthful offender has been charged
before any city or provincial fiscal or before any municipal judge and the charges have
been ordered dropped, all the records of the case shall be destroyed immediately
thereafter.

Where a youthful offender has been charged and the court acquits him, or dismisses
the case or commits him to an institution and subsequently releases him pursuant to
this Chapter, all the records of his case shall be destroyed immediately after such
acquittal, dismissal or release, unless civil liability has also been imposed in the criminal
action, in which case such records shall be destroyed after satisfaction of such civil
liability. The youthful offender concerned shall not be held under any provision of law, to
be guilty of perjury or of concealment or misrepresentation by reason of his failure to
acknowledge the case or recite any fact related thereto in response to any inquiry made
of him for any purpose.

"Records" within the meaning of this article shall include those which may be in the files
of the National Bureau of Investigation and with any police department, or any other
government agency which may have been involved in the case.

Article 201. Civil Liability of Youthful Offenders. - The civil liability for acts committed by
a youthful offender shall devolve upon the offender's father and, in case of his death or
incapacity, upon the mother, or in case of her death or incapacity, upon the guardian.
Civil liability may also be voluntarily assumed by a relative or family friend of the
youthful offender.

Article 202. Rehabilitation Centers. - The Department of Social Welfare shall establish
regional rehabilitation centers for youthful offenders. The local government and other
non-governmental entities shall collaborate and contribute their support for the
establishment and maintenance of these facilities.

Article 203. Detention Homes. - The Department of Local Government and Community
Development shall establish detention homes in cities and provinces distinct and
separate from jails pending the disposition of cases of juvenile offenders.

Article 204. Liability of Parents or Guardian or Any Person in the Commission of

Delinquent Acts by Their Children or Wards. - A person whether the parent or guardian
of the child or not, who knowingly or wilfully,

1. Aids, causes, abets or connives with the commission by a child of a

delinquency, or

2. Does any act producing, promoting, or contributing to a child's being or

becoming a juvenile delinquent, shall be punished by a fine not exceeding five
hundred pesos or to imprisonment for a period not exceeding two years, or both
such fine and imprisonment, at the discretion of the court.

Section 55. Exemption from the Criminal Liability Under the Voluntary Submission
Program. A drug dependent under the voluntary submission program, who is finally
discharged from confinement, shall be exempt from the criminal liability under Section
15 of this act subject to the following conditions:

(1) He/she has complied with the rules and regulations of the center, the
applicable rules and regulations of the Board, including the after-care and follow-
up program for at least eighteen (18) months following temporary discharge from
confinement in the Center or, in the case of a dependent placed under the care
of the DOH-accredited physician, the after-care program and follow-up schedule
 formulated by the DSWD and approved by the Board: Provided, That capability-
building of local government social workers shall be undertaken by the DSWD;

(2) He/she has never been charged or convicted of any offense punishable under
this Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as
amended; the Revised Penal Code, as amended; or any special penal laws;

(3) He/she has no record of escape from a Center: Provided, That had he/she
escaped, he/she surrendered by himself/herself or through his/her parent,
spouse, guardian or relative within the fourth degree of consanguinity or affinity,
within one (1) week from the date of the said escape; and

(4) He/she poses no serious danger to himself/herself, his/her family or the

community by his/her exemption from criminal liability.

RA 9165

Section 56. Temporary Release From the Center; After-Care and Follow-Up Treatment
Under the Voluntary Submission Program. – Upon certification of the Center that the
drug dependent within the voluntary submission program may be temporarily released,
the Court shall order his/her release on condition that said drug dependent shall report
to the DOH for after-care and follow-up treatment, including urine testing, for a period
not exceeding eighteen (18) months under such terms and conditions that the Court
may impose.

If during the period of after-care and follow-up, the drug dependent is certified to be
rehabilitated, he/she may be discharged by the Court, subject to the provisions of
Section 55 of this Act, without prejudice to the outcome of any pending case filed in
court.

However, should the DOH find that during the initial after-care and follow-up program of
eighteen (18) months, the drug dependent requires further treatment and rehabilitation
in the Center, he/she shall be recommitted to the Center for confinement. Thereafter,
he/she may again be certified for temporary release and ordered released for another
after-care and follow-up program pursuant to this Section.

Section 57. Probation and Community Service Under the Voluntary Submission
Program. – A drug dependent who is discharged as rehabilitated by the DOH-accredited
Center through the voluntary submission program, but does not qualify for exemption
from criminal liability under Section 55 of this Act, may be charged under the provisions
of this Act, but shall be placed on probation and undergo a community service in lieu of
imprisonment and/or fine in the discretion of the court, without prejudice to the outcome
of any pending case filed in court.
Such drug dependent shall undergo community service as part of his/her after-care and
follow-up program, which may be done in coordination with nongovernmental civil
organizations accredited by the DSWD, with the recommendation of the Board.

Section 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated
Under the Voluntary Submission Program. – A drug dependent, who is not rehabilitated
after the second commitment to the Center under the voluntary submission program,
shall, upon recommendation of the Board, be charged for violation of Section 15 of this
Act and prosecuted like any other offender. If convicted, he/she shall be credited for the
period of confinement and rehabilitation in the Center in the service of his/her sentence.

RA 4203

AN ACT TO AMEND SECTIONS THREE AND FOUR OF ACT NUMBERED FOUR

THOUSAND ONE HUNDRED AND THREE, AS AMENDED, OTHERWISE KNOWN AS
THE INDETERMINATE SENTENCE LAW
Section 1. Sections three and four of Act Numbered Four Thousand one hundred and
three, as amended, are hereby further amended to read as follows:
“Section 3. There is hereby created a Board of Pardons and Parole to be composed of
the Secretary of Justice who shall be its chairman, and four members to be appointed
by the President, with the consent of the Commission on Appointments who shall hold
office for a term of six years: provided, that one member of the board shall be a trained
sociologist, one a clergyman or educator, one psychiatrist unless a trained psychiatrist
be employed by the board, and the other members shall be persons qualified for such
work by training and experience. At least one member of the board shall be a woman.
Of the members of the present board, two shall be designated by the President to
continue until December thirty, nineteen hundred and sixty-six and the other two shall
continue until December thirty, nineteen hundred and sixty-nine. In case of any vacancy
in the membership of the Board, a successor may be appointed to serve only for the
unexpired portion of the term of the respective members.”
“Section 4. The Board of Pardons and Parole is authorized to adopt such rules and
regulations as may be necessary for carrying out its functions and duties. The Board is
empowered to call upon any bureau, office, branch, subdivision, agency, or
instrumentality of the Government for such assistance as it may need in connection with
the performance of its functions. A majority of all the members shall constitute a quorum
and a majority vote shall be necessary to arrive at a decision. Any dissent from the
majority opinion shall be reduced to writing and filed with the records of the
proceedings. Each member of the Board, including the Chairman and the Executive
Officer, shall be entitled to receive as compensation fifty pesos for each meeting
actually attended by him, notwithstanding the provisions of section two hundred and
fifty-nine of the Revised Administrative Code, and in addition thereto, reimbursement of
actual and necessary traveling expenses incurred in the performance of duties:
provided, however, that the Board meetings will not be more than three times a week.”
Section 2. This Act shall take effect upon its approval.
Approved, June 19, 1965.