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CHAPTER VII
TIME ALLOWANCE FOR GOOD
CONDUCT AND LOYALTY, RIGHTS OF PRISONERS FOR OUTSIDE COMMUNICATION REPUBLIC ACT NO. 10592 AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE • 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: •“1. DURING THE FIRST TWO YEARS OF IMPRISONMENT, HE SHALL BE ALLOWED A DEDUCTION OF TWENTY DAYS FOR EACH MONTH OF GOOD BEHAVIOR DURING DETENTION; •“2. 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; •“3. 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; •“4. 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 •“5. 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.” TIME ALLOWANCE FOR GOOD CONDUCT AND LOYALTY WHO MAY GRANT GOOD CONDUCT TIME ALLOWANCE (GCTA)? • THE DIRECTOR MAY GRANT GCTA TO AN INMATE WHO DISPLAYS GOOD BEHAVIOR AND WHO HAS NO RECORD OF BREACH OF DISCIPLINE OR VIOLATION OF PRISON RULES AND REGULATIONS. • 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 WHAT ARE THE EFFECTS OF GCTA? • THE GOOD CONDUCT OR BEHAVIOR OF AN INMATE SHALL ENTITLE HIM TO THE FOLLOWING DEDUCTIONS FROM THE PERIOD OF HIS SENTENCE: A. DURING THE FIRST TWO (2) YEARS OF HIS IMPRISONMENT, HE SHALL BE ALLOWED A DEDUCTION OF FIVE (5) DAYS FOR EACH MONTH OF GOOD BEHAVIOR; B. DURING THE THIRD TO THE FIFTH YEARS, INCLUSIVE, OF HIS IMPRISONMENT, HE SHALL BE ALLOWED A DEDUCTION OF EIGHT (8) DAYS FOR EACH MONTH OF GOOD BEHAVIOR; C. DURING THE FOLLOWING YEARS UNTIL THE TENTH YEAR, INCLUSIVE, OF HIS IMPRISONMENT, HE SHALL BE ALLOWED A DEDUCTION OF TEN (10) DAYS FOR EACH MONTH OF GOOD BEHAVIOR; AND D. DURING THE ELEVENTH AND SUCCESSIVE YEARS OF HIS IMPRISONMENT, HE SHALL BE ALLOWED A DEDUCTION OF FIFTEEN (15) DAYS FOR EACH MONTH OF GOOD BEHAVIOR. COMPUTATION OF GCTA
• CALENDAR MONTHS AND YEARS ARE
CONSIDERED REFERENCE TO SENTENCES AND TIME SERVED, WHILE THIRTY (30) DAYS CONSTITUTE A MONTH IN COMPUTING GCTA CREDITS. GCTA OF DETAINEE • A DETAINEE SHALL ONLY BE GRANTED GCTA IF HE VOLUNTARILY OFFERS IN WRITING TO PERFORM SUCH LABOR AS MAY BE ASSIGNED TO HIM. • IN SUCH A CASE, THE CREDIT HE MAY RECEIVE SHALL BE DEDUCTED FROM SENTENCE AS MAY BE IMPOSED UPON HIM IF HE IS CONVICTED. GCTA OF LIFE TERMER
• AN INMATE SENTENCED TO LIFE
IMPRISONMENT SHALL NOT BE GRANTED GCTA WHILE HIS SENTENCE IS ON APPEAL. REVOCATION OF GCTA
• GCTA ONCE GRANTED SHALL NOT BE REVOKED
WITHOUT JUST CAUSE. RESTORATION OF GCTA
• THE GCTA WHICH AN INMATE IS DEPRIVED OF
BECAUSE OF MISCONDUCT MAY BE RESTORED AT THE DISCRETION OF THE DIRECTOR UPON THE RECOMMENDATION OF THE SUPERINTENDENT. ID SPECIAL TIME ALLOWANCE FOR LOYALTY • A DEDUCTION OF ONE-FIFTH (1/5) OF THE PERIOD OF HIS SENTENCE SHALL BE GRANTED TO AN INMATE WHO, AFTER EVADING THE SERVICE OF HIS SENTENCE ON THE OCCASION OF A DISORDER RESULTING FROM A CONFLAGRATION, EARTHQUAKE, EXPLOSION, OR SIMILAR CATASTROPHE, OR DURING A MUTINY IN WHICH HE HAS NOT PARTICIPATED, GIVES HIMSELF UP VOLUNTARILY TO THE AUTHORITIES WITHIN FORTY-EIGHT (48) HOURS FOLLOWING THE ISSUANCE OF A PROCLAMATION ANNOUNCING THE PASSING AWAY OF SUCH CALAMITY. INMATE COMMUNICATION RIGHT TO COMMUNICATE
• AN INMATE SHALL HAVE THE RIGHT TO
COMMUNICATE OR CORRESPOND WITH PERSONS AND ORGANIZATIONS AND TO SEND AND RECEIVE LETTERS, PACKAGES, BOOKS, PERIODICALS AND OTHER MATERIALS THAT CAN BE LAWFULLY SENT BY MAIL. CENSORSHIP OF MAIL MATTER
• ALL LETTERS SENT OR RECEIVED BY AN INMATE, AS
WELL AS MAGAZINES, BOOKS, PERIODICALS AND ALL READING MATTERS, SHALL BE SUBJECT TO CENSORSHIP TO PREVENT THE ENTRY OF CONTRABAND AND THE ENTRY OR EXIT OF INFORMATION THAT MAY ADVERSELY AFFECT THE SECURITY OF THE PRISON. GUIDELINES ON CENSORSHIP OF MAIL MATTER • THE SENDING AND RECEIVING OF MAIL BY ALL INMATES SHALL BE GOVERNED BY THE FOLLOWING GUIDELINES: A. INMATE MAIL SHALL BE SECURED UNTIL SUCH TIME THAT THE CENSORS ARE READY TO EXAMINE THEM. B. INMATE MAIL SHALL BE OPENED AND SEARCHED BY QUALIFIED, TRAINED AND AUTHORIZED PERSONNEL. C. GREETING CARDS SHALL BE CAREFULLY EXAMINED AND KILLERS OF ANY KIND FOUND THEREIN SHALL BE COLLECTED FOR LABORATORY EXAMINATION. D. PHOTOGRAPHS SHALL BE MARKED ON THE REVERSE SIDE AND REPLACED IN THE ENVELOPE. E. IN CENSORING MAIL, PRISON SLANG, UNUSUAL NICKNAMES AND SENTENCES WITH DOUBLE MEANING SHALL BE CAREFULLY STUDIED AND DECIPHERED. F. LETTERS PASSED BY CENSORS SHALL BEAR THE CENSOR'S STAMP AT THE TOP OF EACH PAGE AND ON THE ENVELOPE. THE LETTER SHALL BE REPLACED IN THE SAME ENVELOPE AND RESEALED. G. THE CONTENTS OF AN INMATE'S MAIL SHALL BE CONFIDENTIAL AND SHALL NOT BE DISCUSSED WITH OTHER PRISON PERSONNEL. WHAT MAY BE CENSORED • ALL LETTERS CONTAINING STATEMENTS CONCERNING THE SECURITY OR REPUTATION OF THE PRISON LIKE ESCAPE ATTEMPTS, SMUGGLING/TRA3CKING OF CONTRABAND OR STATEMENTS THAT MAY AFFECT PRISON RULES AND POLICIES, SHALL BE CENSORED OUT. • ANY ITEM OR CORRESPONDENCE OR ENCLOSURE THAT DOES NOT CONFORM WITH REGULATIONS OR ARE DETRIMENTAL TO THE SECURITY, GOOD ORDER AND DISCIPLINE OF THE PRISON SHALL BE CONFISCATED AND SUBMITTED TO THE SUPERINTENDENT FOR DISPOSITION. COLLECTION AND DELIVERY OF MAIL • THE MAIL O3CER SHALL COLLECT AND DELIVER MAIL MATTERS ON A DAILY BASIS, MONDAY THROUGH FRIDAY. AN INMATE SHALL BE ADVISED TO CLAIM HIS MAIL IF HE FAILS TO CLAIM HIS LETTER WITHIN TWENTY-FOUR (24) HOURS AFTER IT IS RECEIVED IN PRISON. EXPENSES FOR SPECIAL DELIVERY OF MAIL • INMATES SHALL BE ALLOWED TO SEND LETTERS BY REGISTERED, CERTIFIED, STAMPED OR SPECIAL DELIVERY AT THEIR EXPENSE. SENDING OF MONEY • INMATES MAY RECEIVE OR SEND MONEY THROUGH THE PRISON POSTAL SERVICE UNDER THE SUPERVISION AND ASSISTANCE OF DESIGNATED PRISON OFFICERS. • THE MAIL OFFICER SHALL ISSUE A RECEIPT IN DUPLICATE FOR THE AMOUNT ENCLOSED IN THE INMATE'S INCOMING LETTER AND SHALL DEPOSIT IN THE TRUST FUND • THE ORIGINAL RECEIPT SIGNED BY THE MAIL O3CER SHALL BE FILED WITH THE TRUST FUND O3CER AND THE DUPLICATE COPY THEREOF SHALL BE GIVEN TO THE INMATE. MAIL PRIVILEGE OF INMATE UNDER PUNISHMENT
• INMATES UNDER DISCIPLINARY
PUNISHMENT SHALL BE ALLOWED FULL MAIL PRIVILEGES, UNLESS HIS MISCONDUCT INVOLVES A SERIOUS VIOLATION OF MAIL REGULATIONS. USE OF TELEPHONE • ALL OFFENDER WHO DEMONSTRATES GOOD BEHAVIOR SHALL EARN ONE TELEPHONE CALL TO AN AUTHORIZED INDIVIDUAL EVERY NINETY (90) DAYS. • IN SUCH A CASE, THE TELEPHONE CALL SHALL BE MONITORED AND SHALL HAVE A DURATION NOT EXCEEDING FIVE (5) MINUTES. WHEN MAKING THE CALL, THE INMATE SHALL IDENTIFY HIMSELF AS AN INMATE. FOREIGN INMATES • INMATES OF A FOREIGN NATIONALITY SHALL BE ALLOWED TO COMMUNICATE WITH THE DIPLOMATIC AND CONSULAR REPRESENTATIVES OF THE STATE OF WHICH HE OR SHE IS A NATIONAL. STATELESS INMATES • A NATIONAL OF A STATE WITHOUT DIPLOMATIC OR CONSULAR REPRESENTATION IN THE COUNTRY AND A REFUGEE OR STATELESS PERSON SHALL ALSO BE ALLOWED TO COMMUNICATE WITH THE DIPLOMATIC AUTHORITIES OF THE STATE WHICH TAKES CHARGE OF HIS OR HER INTERESTS OR ANY NATIONAL OR INTERNATIONAL AUTHORITY TASKED TO PROTECT SUCH PERSON. INMATE MANUSCRIPTS
• DEFINITION OF MANUSCRIPT — AS USED
HEREIN, "MANUSCRIPT" MEANS FICTION, NONFICTION, POETRY, MUSIC AND LYRICS, DRAWINGS AND CARTOONS, AND OTHER WRITINGS OF A SIMILAR NATURE. MANUSCRIPT PREPARATION
• AN INMATE MAY PREPARE A MANUSCRIPT FOR
PRIVATE USE OR FOR PUBLICATION WHILE IN CUSTODY WITHOUT PRISON STAFF APPROVAL. • THE INMATE MAY USE ONLY NON-WORK TIME TO PREPARE A MANUSCRIPT. MAILING OF INMATE MANUSCRIPTS • MAILING OF INMATE MANUSCRIPTS — AN INMATE MAY MAIL A MANUSCRIPT AS GENERAL CORRESPONDENCE IN ACCORDANCE WITH EXISTING RULES. HE MAY NOT, HOWEVER, CIRCULATE HIS MANUSCRIPT INSIDE THE PRISON. LIMITATIONS ON AN INMATE'S ACCUMULATION OF MANUSCRIPT MATERIAL • THE SUPERINTENDENT MAY LIMIT, FOR HOUSEKEEPING, ;RE-PREVENTION, OR SECURITY REASONS, THE AMOUNT OF ACCUMULATED INMATE MANUSCRIPT MATERIAL.
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