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INITAO COLLEGE Course Code: CA 1

Jampason, Initao, Misamis Oriental
1st Semester, S.Y. 2020 - 2021 Course Title: Institutional Corrections

Unit: 3 (Lecture)

Instructor: Subject Schedule:

Charlene T. Bolongaita, RCrim MONDAY 10:00AM-12:00NN & 1:00PM-2:00PM
Mobile Number: BSCRIM 1 G1-G7
0926-303-1005 BSCRIM 2 G1-G2
e-mail address: Facebook Group Page:
redbolongz@gmail.com Initao College Criminology Department (CTB)
Contact Schedule:
Messenger Group Chat:
W and F; 8:00am - 5:00pm
IC Crim Students

MODULE 14

Topic: REPUBLIC ACT No. 6127 Desired Learning Outcomes:

Batas Pambansa Blg. 85
Republic Act No. 7309   Students should be able to discuss the salient provisions of
      REPUBLIC ACT No. 6127. Batas Pambansa Blg. 85 and Republic Act
Duration: 3 hrs No. 7309            

ANALYSIS

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

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
Batas Pambansa Blg. 85
Batasang Pambansa
20 September 1980

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:

“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:

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“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.

“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.”

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

Approved: September 20, 1980.

Republic Act No. 7309            

March 30, 1992

AN ACT CREATING A BOARD OF CLAIMS UNDER THE DEPARTMENT OF JUSTICE FOR VICTIMS OF UNJUST IMPRISONMENT OR
DETENTION AND VICTIMS OF VIOLENT CRIMES AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Creation and Composition of the Board. – There is hereby created a Board of Claims under the Department of Justice,
hereinafter referred to as the Board, to be composed of one (1) chairman and two (2) members to be appointed by the Secretary of the said
department.

Section 2. Powers and Functions of the Board. – The Board shall have the following powers and functions:

(a) to receive, evaluate, process and investigate application for claims under this Act;

(b) to conduct an independent administrative hearing and resolve application for claims, grant or deny the same;lawphi1Ÿ

(c) to deputize appropriate government agencies in order to effectively implement its functions; and

(d) to promulgate rules and regulations in order to carry out the objectives of this Act.

Section 3. Who may File Claims. – The following may file claims for compensation before the Board:

(a) any person who was unjustly accused, convicted and imprisoned but subsequently released by virtue of a judgment of acquittal;

(b) any person who was unjustly detained and released without being charged;

(c) any victim of arbitrary or illegal detention by the authorities as defined in the Revised Penal Code under a final judgment of the
court; andlawphi1©

(d) any person who is a victim of violent crimes. For purposes of this Act, violent crimes shall include rape and shall likewise refer to
offenses committed with malice which resulted in death or serious physical and/or psychological injuries, permanent incapacity or
disability, insanity, abortion, serious trauma, or committed with torture, cruelly or barbarity.

Section 4. Award Ceiling. – For victims of unjust imprisonment or detention, the compensation shall be based on the number of months of
imprisonment or detention and every fraction thereof shall be considered one month; Provided, however, That in no case shall such
compensation exceed One Thousand pesos (P1,000.00) per month.

In all other cases, the maximum amount for which the Board may approve a claim shall not exceed Ten thousand pesos (P10,000.00) or the
amount necessary to reimburse the claimant the expenses incurred for hospitalization, medical treatment, loss of wage, loss of support or
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other expenses directly related to injury, whichever is lower. This is without prejudice to the right of the claimant to seek other remedies under
existing laws.

Section 5. When to File Claims. – Any person entitled to compensation under this Act must, within six (6) months after being released from
imprisonment or detention, or from the date the victim suffered damage or injury, file his claim with the Department, otherwise, he is deemed
to have waived the same. Except as provided for in this Act, no waiver of claim whatsoever is valid.

Section 6. Filing of Claims by Heirs. – In case of death or incapacity of any person entitled to any award under this Act, the claim may be
filed by his heirs, in the following order: by his surviving spouse, children, natural parents, brother and/or sister.

Section 7. Resolution of Claims. – The Board shall resolve the claim within thirty (30) working days after filing of the application.

The Board shall adopt an expeditious and inexpensive procedure for the claimants to follow in order to secure their claims under this Act.

Section 8. Appeal. – Any aggrieved claimant may appeal, within fifteen (15) days from receipt of the resolution of the Board, to the Secretary
of Justice whose decision shall be final and executory.

Section 9. Funding. – For purposes of this Act, the initial amount of Ten million pesos (P10,000,000.00) is hereby authorized to be
appropriated from the funds of the National Treasury not otherwise appropriated.

The subsequent annual funding shall also partly come from one percent (1%) of the net income of the Philippine Amusement and Gaming
Corporation and one percent (1%) of the proceeds and sales and other disposition and military camps ion Metro Manila by the Base
Conversion and Development Authority.

The proceeds from any contract relating to the depiction of a crime in a movie, book, newspaper, magazine, radio or television production, or
live entertainment, of any kind, or in any other form of commercial exploitation of any convict's story, recollection, opinion and emotions with
regard to the offense committed shall not be released to convict in a criminal case or his heirs, agents, assignees or successors in interest
until full compensation for damages suffered by a awarded to, the victim, his heirs or successors in interest is paid or arranged for, and the
state is able to collect/assess fines and costs and any other amounts due it in case of a conviction by final judgment. Such damages shall
include, but shall not be limited to, judicial awards, funeral expenses, medical expenses, lost earning and the like.lawphi1ŸITC

To ensure the continuity of the funding requirements under this Act, the amount of Five pesos (P5.00) shall be set aside from each filing fee
in every civil case filed with the court, the total proceeds of which shall constitute the Victim Compensation Fund to be administered by the
Department of Justice.

Section 10. Repealing Clause. – All Laws, executive orders and executive issuances inconsistent with this Act are hereby deemed repealed
or modified accordingly.

Section 11. Separability Clause. – If for any reason any section or provision of this Act shall be declared unconstitutional or invalid, no other
section or provision shall be affected thereby.

Section 12. Effectivity Clause. – This Act shall take effect after its publication in two (2) newspapers of general circulation.

Approved: March 30, 1992

REFERENCES

REPUBLIC ACT No. 6127

Batas Pambansa Blg. 85

Republic Act No. 7309            

NAME OF STUDENT:_______________________________

COURSE/YEAR/GROUP:_____________________________

CELLPHONE NO.:_________________________________