Inmates of the New Bilibid Prison vs. Secretary Leila M.

De Lima
GR No. 212719, 25 June 2019

FACTS:
R.A. 10592 which was passed into law on 29 May 2013 amended Articles 29, 94, 97, 98, and 99 of the
Revised Penal Code.

On 26 March 2014, an IRR was jointly issued by then Justice secretary, Leila H. De Lima, and then DILG
secretary Manuel A. Roxas II. However, Section 4, Rule 1 of the IRR directed the prospective application
of the grant of good conduct time allowance , time allowance for study, teaching, and mentoring (TASTM)
and special time allowance for loyalty (STAL) to prisoners.

The petitioners assail the validity of the said provision of the IRR on the ground that it violates Article 22 of
the RPC. They contend that the provisions of R.A. No. 10592 are penal in nature and beneficial to the
inmates; hence, should be given retroactive effect in accordance with Article 22 of the RPC. For them, the
IRR contradicts the law it implements. They are puzzled why it would be complex for the Bureau of
Corrections (BUCOR) and the Bureau of Jail Management and Penology (BJMP) to retroactively apply
the law when the prisoners' records are complete and the distinctions between the pertinent provisions of
the RPC and R.A. No. 10592 are easily identifiable. 

ISSUE:
Whether RA 10592 should be given also retroactive effect in accordance with Article 22 of the Revised
Penal Code.

RULLING:
The court agreed with the petitioners that the provisions of Section 4, Rule 1 of the Implementing Rules
and Regulations of Republic Act No. 10592, are penal in nature and should be given retroactive effect in
accordance with Article 22 of the RPC. With this, all prisoners regardless of whether already serving
his/her sentence or undergoing preventive imprisonment may qualify for the reduction of their sentence
pursuant to the time allowances under R.A. 10592.

“While R.A. No. 10592 does not define a crime/offense or provide/prescribe a penalty as it addresses the
rehabilitation component of our correctional system, its provisions have the purpose and effect of
diminishing the punishment attached to the crime. The further reduction of the length of the penalty of
imprisonment is, in the ultimate analysis, beneficial to the detention and convicted prisoners alike; hence,
calls for the application of Article 22 of the RPC.