CRI 029: Institutional Corrections

Student’s Activity Sheet #22

Name: ________________________________________________Class Number: ____________________

Section: __________________ Class Schedule: ________________ Date: __________________________

Lesson title: PREVENTIVE IMPRISONMENT. Good References:

Conduct Time Allowance and other Statutory
Provisions in Correction
Lesson Objectives:
At the end of the session, the student’s will be able to:
a. identify the allowance given for good conduct;
and
b. differentiate good conduct time allowance from
special allowance for loyalty.
1. Guerrero, Brian & Molato, Ronith –
Institutional Correction
2. Foronda, Mercedes – Correctional
Administration 1 (Institutional Correction)
3. Schmalleger, Frank & Smykla, John Ortiz-
Corrections in the 21st Century.
4. https://www.lawphil.net/statutes/repacts/
ra2013/ra_10592_2013.html

Create a Distraction-Free Study Space - The key to studying at

home is to create a space within your home that has some of the
benefits of a school or library, with as few of the distractions of the
home as possible. In other words, you need a nook where you can
work without a TV, bed, or other distracting objects near you.

A. LESSON PREVIEW/REVIEW
Not all persons who have pending trials of criminal cases must be detained, since the accused person
has the constitutional and statutory rights to bail. So, persons who may be committed to jail pending trial are
those charged with capital offenses with non-capital offense who have failed to post bail; and those charged
with capital offense and the evidence of guilt is strong. A capital offense is an offense, which under the law
existing at the time of its commission, and at the time of the application to be admitted to bail may be
punishable by death. The detention of these persons pending trial is known as Preventive Imprisonment. As
we go over our discussion today we will discuss preventive imprisonment and its provisions.

B. MAIN LESSON

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. Upon being summoned for the execution of their sentence they have failed to surrender voluntarily.

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 CRI 029: Institutional Corrections
Student’s Activity Sheet #22

Name: ________________________________________________Class Number: ____________________

Section: __________________ Class Schedule: ________________ Date: __________________________

"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.

"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 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:

· By conditional pardon;
· By commutation of the sentence; and
· 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 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:
· During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each
month of good behavior during detention;

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 CRI 029: Institutional Corrections
Student’s Activity Sheet #22

Name: ________________________________________________Class Number: ____________________

Section: __________________ Class Schedule: ________________ Date: __________________________
· 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;
· 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;
· 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
· 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 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."

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."

Delay in the Delivery of detained persons to the proper judicial authorities

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 CRI 029: Institutional Corrections
Student’s Activity Sheet #22

Name: ________________________________________________Class Number: ____________________

Section: __________________ Class Schedule: ________________ Date: __________________________
(Art. 125, PRC), A felony committed by a public officer or employee who shall detain any person for
some legal ground and shall fail to deliver such person to the proper judicial authorities with in the period of:

12 hours - for crimes or offenses punishable by light penalties,

18 hours – for crimes or offenses punishable by correctional penalties;

36 hours – for crimes or offenses punishable by afflictive or capital penalties.

The crime of Arbitrary Detention is committed when the detention of a person is without legal ground.
The legal ground of detention are:
· Commission of a crime; and
· Violent insanity or other ailment requiring compulsory requirements.

Delaying Release
This is committed by a public officer or employee who delays for the period of time specified in Art. 125,
the performance of any judicial or executive order for the release of a prisoner or unduly delays the services of
the notice of such order to said prisoner.

Delivery of Prisoners from Jail

Elements:
· The offender is a private individual,
· He removes a person confined in jail or a penal institution or helps in the escape of such person
· The means employed are violence, intimidation, bribery, or any other means.

The prisoner may be a detention or sentenced prisoner and the offender is an outsider to the jail. If the
offender is a public officer or a private person who has the custody of the prisoner and who helps a prisoner
under his custody to escape, the felony is conniving with or consenting to Evasion and Escape of Prisoner
under the custody of a person not a public officer respectively.

This offense like other offenses of similar nature may be committed through imprudence or negligence.

Evasion of Service of Sentence (Art 157-159, RPC)

· Evasion of Service under Art. 157, RPC, Elements:
· Offender is a prisoner serving a sentence involving deprivation of liberty by reason of final
judgment.
· He evades the service of his sentence during the term of his imprisonment.

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 CRI 029: Institutional Corrections
Student’s Activity Sheet #22

Name: ________________________________________________Class Number: ____________________

Section: __________________ Class Schedule: ________________ Date: __________________________
The felony is qualified when the evasion takes place by breaking doors, windows, gates, roofs or floors;
using pick locks, false keys, disguise, deceit, violence, intimidation or; connivance with other convicts or
employees of the penal institution.

2. Evasion of Service of Sentence on the Occasion of Disorders due to Conflagrations, Earthquakes, or other
Calamities,
Elements:
· Offender is a prisoner serving a sentence and is confined in a penal institution.
· He evades his sentence by leaving the institution.
· He escapes on the occasion of disorder due to conflagration, earthquake, explosion, similar
catastrophe or mutiny in which he has not participated, and
· He fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by
the Chief Executive regarding the passing away of the calamity.

3. Other cases of Evasion of Service of Sentence

The violation of any conditions imposed to a Conditional Pardon is a case of evasion of service of
sentence.
The effect of this is, the convict may suffer the unexpired portion of his original sentence.

INFIDELITY OF PUBLIC OFFICERS

1. Infidelity in the Custody of Prisoners through connivance

A felony committed by any public officer who shall consent to the escape of a prisoner in his custody or
charge.

2. Infidelity in the Custody of Prisoners through Negligence

A felony committed by a public officer when the prisoner under his custody or charge escaped through
negligence on his part.

3. Escape of a Prisoner under the Custody of a Person not a public Officer.

OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

· Maltreatment of Prisoner, Elements:
· Offender is a public officer or employee,

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 CRI 029: Institutional Corrections
Student’s Activity Sheet #22

Name: ________________________________________________Class Number: ____________________

Section: __________________ Class Schedule: ________________ Date: __________________________
· He overdoes himself in the correction or handling of such prisoners by imposition of punishment
not authorized by regulation or by inflicting such punishment in a cruel and humiliating manner.

The felony of Physical Injuries if committed, if the accused does not have the charge of a detained
prisoner and he maltreats him. And if the purpose is to extort a confession, grave coercion will be committed.

Activity 3: Skill-building Activities.

Self-assessment activities. Answer the following questions as honestly as possible. Check your
answers if provided by Key to Corrections. Also write your scores on the space provided.

3.1. For your activity, I want you to read the case of former Mayor Antonio
Sanchez. After reading his case, I want you to analyze if the grant of his Score: /20
release thru Good Conduct Time allowance is justifiable or not. If you
answer No or not, justify your answer. You can browse the site posted
below for your reference:
1. https://cnnphilippines.com/news/2019/8/27/Antonio-Sanchez-family-release-order-BuCor.html
2. https://cnnphilippines.com/news/2019/8/22/Calauan-Laguna-Mayor-Antonio-Sanchez-rape-
murder.html

Explaination:

3.2. For your next activity, please answer the following questions in your own words or
point of view. Score: /20

Differentiate Good Conduct

TIme Allowance from
Special Time Allowance for
loyalty.
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 CRI 029: Institutional Corrections
Student’s Activity Sheet #22

Name: ________________________________________________Class Number: ____________________

Section: __________________ Class Schedule: ________________ Date: __________________________

Are you in favor of giving

deductions for good
conduct to prisoners
sentenced to life
imprisonment? Yes or No?
Justify your answers

Score: /5
4) Activity 5: Check for Understanding.

Multiple Choice. Select the best or nearest answer to the question. Encircle the letter of your choice.

1. Under RA 10592, During the following years until the tenth year of his imprisonment, an inmate shall
be allowed a deduction of______for each month of good behavior during detention;
a. 20 days c. 23 days
b. 25 days d. 30 days

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 CRI 029: Institutional Corrections
Student’s Activity Sheet #22

Name: ________________________________________________Class Number: ____________________

Section: __________________ Class Schedule: ________________ Date: __________________________

2. A deduction of_____ the period of his sentence shall be granted to any prisoner who, having evaded
his preventive imprisonment or the service of his sentence during conflagration, gives himself up to the
authorities within 48 hours following the issuance of a proclamation announcing the passing away of
the calamity.
a. one fifth c. two fifth
b. three fourth d. one half

3. Person who grants time allowances.

a. Director of BUCOR c. Chief of BJMP
b. Warden of municipal, city, district, provincial jail d. all of these

4. Under R.A 10592, if the inmate while serving his/her sentence inside the prison facility renders
mentoring services, teaching or study he/she is entitled to a deduction of_________.
a. 1/5 c. 2/5
b. 4/5 d. 15 days

5. A deduction of__ from the period of his sentence shall be granted to a prisoner chosen to stay in the
place of confinement notwithstanding the existence of a calamity or catastrophe.
a. 1/5 c. 2/5
b. 4/5 d. 15 days

C. LESSON WRAP-UP

Activity 6: Thinking about Learning

Congratulations for completing this module. You can now shade the number of modules you have
completed.

“My Learning Tracker”

Date

Learning Target/Topic

Activities

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 CRI 029: Institutional Corrections
Student’s Activity Sheet #22

Name: ________________________________________________Class Number: ____________________

Section: __________________ Class Schedule: ________________ Date: __________________________
Scores

Action Plan

(What contributed to the

quality of your performance
today? What will you do next
session to maintain your
performance or improve it?)

1. What is credit for preventive imprisonment?

The incarceration of a detention prisoner is called preventive imprisonment. If the detention prisoner is
convicted by final judgment, his preventive imprisonment shall be credited in the service of his sentence under
Article 29 of the Revised Penal Code.

KEY TO CORRECTIONS
RUBRICS on Activity 3.1 RATE
Organization of thoughts = 8 points
Grammar = 6 points
Readability = 4 points
Cleanliness = 2points
TOTAL = 20 points

RUBRICS on Activity 3.2 RATE

Organization of thoughts = 4 points
Grammar = 3 points
Readability = 2 points
Cleanliness = 1 point
TOTAL = 10 points

Multiple Choice. Select the best or nearest answer to the question. Encircle the letter of your choice.

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 CRI 029: Institutional Corrections
Student’s Activity Sheet #22

Name: ________________________________________________Class Number: ____________________

Section: __________________ Class Schedule: ________________ Date: __________________________

1. Under RA 10592, During the following years until the tenth year of his imprisonment, an inmate shall
be allowed a deduction of______for each month of good behavior during detention;
a. 20 days c. 23 days
b. 25 days d. 30 days

2. A deduction of_____ the period of his sentence shall be granted to any prisoner who, having evaded
his preventive imprisonment or the service of his sentence during conflagration, gives himself up to the
authorities within 48 hours following the issuance of a proclamation announcing the passing away of
the calamity.
a. one fifth c. two fifth
b. three fourth d. one half

3. Person who grants time allowances.

a. Director of BUCOR c. Chief of BJMP
b. Warden of municipal, city, district, provincial jail d. all of these

4. Under R.A 10592, if the inmate while serving his/her sentence inside the prison facility renders
mentoring services, teaching or study he/she is entitled to a deduction of_________.
a. 1/5 c. 2/5
b. 4/5 d. 15 days

5. A deduction of__ from the period of his sentence shall be granted to a prisoner chosen to stay in the
place of confinement notwithstanding the existence of a calamity or catastrophe.
a. 1/5 c. 2/5
b. 4/5 d. 15 days

TEACHER-LED ACTIVITIES:
In-classroom learning session:
1. Collect completed work in the SAS;
2. Allocate your contact time with students to individual or
small group mentoring, monitoring, and student consultations;
3. You may administer summative assessments (quizzes,
demonstrations, graded recitation, presentations, performance
tasks) during face-to-face sessions;
4. You may also explore supplementary activities that foster
collaboration, provided that social distancing is observed; and

Sources:
timesofindia.indiatimes.com
nhcp.gov.ph › the-history-of-the-first-Philippine-assembly

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 CRI 029: Institutional Corrections
Student’s Activity Sheet #22

Name: ________________________________________________Class Number: ____________________

Section: __________________ Class Schedule: ________________ Date: __________________________
Congratulations for finishing all the modules for this subject. Study all your lessons in preparation for
your final exam. Here are some tips before taking your final exam.

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