Answer To Atty Beraye
Answer To Atty Beraye
Greetings:
This pertains to your letter that was received by this office on December 17, 2019,
purposely to request for the computation of the Credit for Preventive Imprisonment (CPI)
and the Republic Act 10592 or the Good Conduct Time Allowance Law of 2013 of your
client in the persons of PDL JAFFIE DIETA Y GAYATAO who is serving sentence by virtue
of judgement on Plea Bargaining for violation of Sec. 12, RA No. 9165 rendered by the
Regional Trial court (RTC) Branch ____ in Criminal Cases No. 18-83099 and No. 18-
83100.
As per examination of the records of your client, PDL DIETA, it was found out that prior
to his Plea Bargaining he was charged of Violation of Sec. 5 of R.A. 9165. The provisions
of RA 10592, particularly section 1 states that,
Anent to the above premises, heinous crimes provided in Republic Act 7659 or the Death
Penalty law is the controlling law on the determination of heinous crimes stated in section
1 of RA 10592. It is provided under section of RA 7659 thatSale, Administration, Delivery,
Distribution and Transportation of Prohibited Drugsis considered a heinous crime. Mr.
Sarabi was charged of Section 5 of RA No. 9165, particularly acts of Sale,
Administration, Delivery, Distribution and Transportation of Prohibited Drugs.
Though, even if the previous Implementing Rules and Regulation (IRR) was silent on the
disqualification of heinous crimes in RA 10592, such disqualification is present in the
provision of the law itself. Hence, only those who were charged by heinous crimes before
2013, the year when RA no. 10592 took effect can avail the allowances under the law.
Further, Section 3 of RA 10592 clearly provides that in order to avail good conduct
allowance, a person detained must be qualified for the credit of his preventive suspension.
Your client is absolutely disqualified for good conduct allowance during the period of his
actual preventive imprisonment because the charge against him falls within the province
of charges disqualified by law, particularly, RA no. 10592. However, it would appear that
because your client was convicted of a crime not considered heinous crime as provided
by RA no. 7659, he may be validly entitled of the good conduct allowance during the
period of his actual service of sentence as a convicted prisoner, as provided by the new
Implementing Rules and Regulation (IRR) of RA. No. 10592.
Hence, in order to validly and properly effectuate the provisions of the RA. No. 10592,
we will have to wait for the issuance of the new Implementing Rules and Regulation (IRR)
of RA. No. 10592. The new Implementing Rules and Regulation (IRR) will settle the issue
regarding the computation of good conduct time allowance to qualified PDLs on both
periods of preventive imprisonment for detainees and actual service of sentence of
convicted prisoners.
We assure you that upon the issuance of the new Implementing Rules and Regulation
(IRR), all persons deprived of liberty (PDL) and concerned parties will be notified and
informed.
Truly yours,