The Department of Justice (DOJ) and the Department of the Interior and

Local Government (DILG) have revised the Implementing Rules and

Regulations (IRR) of the Good Conduct Time Allowance law (GCTA law),

responding to public outcry over the near-release of high-profile convict

Antonio Sanchez. In Republic Act No. 10592, otherwise known as an act

amending Articles 29, 94,97, 98 and 99 of Act no. 3815 authorises the

credit of preventive imprisonment and a revised schedule of good

conduct time allowance in the initial computation should a penalty is

handed down. However, because of technology now it could only do

easily through a software program. Once days was encoded with an

equation, it is technology that would virtually process each case and in a

hint, provide the prisoner the exact date when his penalty would be over.

Section 1 is about counting “preventive imprisonment” or detention as

part of the term of an accused in case he is convicted. It provides that

the offender could apply for GCTA and could be released while

undergoing trial if the period of his detention is equal to or exceeds his

expected sentence.

Under Supreme Court jurisprudence and RA 7659 or the Heinous Crimes

Act, which imposed death penalty on crimes deemed “grievous, odious

and hateful offenses.”Among the crimes listed as heinous under RA 7659

are the following: Treason, Piracy in general and mutiny on the high seas

in Philippine waters, Qualified piracy, Qualified bribery, Parricide, Murder,

Infanticide, Kidnapping and serious illegal detention, Robbery with

violence against or intimidation of persons, Destructive arson, Rape,

Importation, distribution, manufacturing and possession of illegal drugs.

The new IRR of Republic Act 10592 or the GCTA law now categorically

excludes heinous crime convicts like Sanchez from the benefits of the

GCTA Law.

1. Recidivists, habitual delinquents, escapees, those charged with

heinous crimes and an accused who, upon being summoned for the

execution of his sentence has failed to surrender voluntarily before a

court of law, are excluded from good conduct time allowance under RA

10592 (Section 2, Rule IV)2. Prisoners disqualified under RA 10592, such

as heinous crime convicts, but who were convicted before the law

became effective in 2013 shall be entitled to good conduct time

allowance under the Revised Penal Code (2nd paragraph, Section 1, Rule

XIII)3. Prisoners disqualified under RA 10592, such as heinous crime

convicts, and who were convicted after the law became effective in

2013, shall not be entitled to any type of good conduct time

allowance (3rd paragraph, Section 1, Rule XIII)4. Heinous crimes are the

same heinous crimes defined under Republic Act 7659 or the now-

repealed death penalty law. It is the DOJ's view that RA 7659 was

repealed only insofar as imposing the death penalty, but not the

definition of heinous crimes (Section 1n, Rule II)5. To increase

transparency, the Management, Screening and Evaluation Committee

(MSEC) shall publish the list of prisoners who may be qualified for

release on 3 conspicuous places within the jail premises and/or uploaded

in their respective websites subject to the Data Privacy Act (Section 3c,
Rule VIII).Good conduct time allowance or GCTA is earned through his

behaviour while serving time in the prison system.

It is something that is immediately reflected on his prison record as a

tentative computation on the timeline of his incarceration.

The law would definitely improve morale , promote hope and build

confidence in the true mandate of rehabilitation in correctional

administration.

Section 3 states, “The good conduct of any offender qualified for credit

for preventive imprisonment (under Section 1)… 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.”

The computation would look like this. If a person is sentenced to more

than 20 years, and from the start of his incarceration he has served 10

years, as computed following the time allowance provided for by law has

been used (45 days off monthly), he has already satisfied and served out

his penalty already. That means that the prisoner will see freedom

earlier, assuming that he has never been involved in any prison

infraction or has committed any offense during the period he is serving

time. The provision in the computation procedure on the reduction

scheme for good conduct/ behaviour incentive has the following

features:

The section proceeds to enumerate the deductions: 20 days for every

month of good conduct during the first two years of imprisonment, 23

days from the third year to the fifth year, 25 days from sixth year to the
10th, and 30 days for each month starting from the 11th year. The time

of his services includes teaching, study or mentoring, additional 15 days

off.

The law (RA 10592) is a serious correctional provision because any

officer who fails to comply with the application of said law is liable to be

imprisoned (one year imprisonment), a fine of P100,000 and perpetual

disqualification to hold public office

Section 1 is about counting “preventive imprisonment” or detention as

part of the term of an accused in case he is convicted. It provides that

the offender could apply for GCTA and could be released while

undergoing trial if the period of his detention is equal to or exceeds his

expected sentence.

There was an investigation into the controversy-included allegations

that GCTA credits are being sold by BuCor officials to relatives of

prisoners and other accusations of corruption against prison officials.

After the Sanchez issue becomes sensationalized. Tthe government

stopped the processing of new GCTA applications and ordered 1,914

heinous crime convicts previously released through the policy

to surrender in 15 days or be treated “like fugitives.”As of today, 612 of

these convicts have surrendered and are in BuCor’s custody.