Good Conduct Allowances | Partial Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

Topic: Good Conduct Time Allowances (GCTA) under the Revised Penal Code

Under Article 97 of the Revised Penal Code (RPC), Good Conduct Time Allowances (GCTA) refer to a partial reduction of a prisoner’s sentence as a reward for good behavior while serving time in jail or prison. This provision was significantly amended and expanded under Republic Act No. 10592, which modified the RPC provisions on GCTA, particularly regarding the computation of allowances for good conduct and other similar deductions.

I. Legal Basis

1. Revised Penal Code (Article 97)

   • Originally provided limited GCTA for prisoners who exhibited good conduct during their imprisonment.

2. Republic Act No. 10592

   • Enacted in 2013, this law amended Article 97 and related provisions to increase the GCTA granted to qualified prisoners.
   • The Implementing Rules and Regulations (IRR) were issued in 2014 and further clarified in 2019.

II. Nature and Purpose

GCTA serves as an incentive for inmates to exhibit good behavior, rehabilitation, and reform during their incarceration. The policy aligns with the penological goal of reintegration, reducing recidivism, and promoting discipline among inmates.

III. Qualifications for GCTA

1. Who may avail:

   • Sentenced prisoners serving time in penal institutions, including those convicted of heinous crimes, provided they meet certain conditions (discussed further below).
   • Preventive detainees under Article 29 of the RPC, where good conduct during detention is credited toward the service of the penalty imposed upon conviction.

2. Who may NOT avail:

   • Prisoners classified as habitual delinquents (Article 62 of the RPC).
   • Recidivists and escapees are generally disqualified unless certain conditions apply.

IV. Computation of GCTA

Under RA 10592, the following credits are given for good behavior:

1. During the First 2 Years of Imprisonment: 20 days deduction for each month of good conduct.
2. Third to Fifth Years of Imprisonment: 23 days deduction for each month of good conduct.
3. Sixth to Tenth Years of Imprisonment: 25 days deduction for each month of good conduct.
4. Eleventh Year and Beyond: 30 days deduction for each month of good conduct.
5. Additional Credits for Study, Teaching, and Mentorship: An additional deduction of 15 days per month for activities such as education or mentoring fellow inmates.

The accumulation of credits is non-linear and progresses as the inmate exhibits consistent good behavior over time.

V. Procedural Implementation

1. Evaluation and Recommendation:

   • Prison authorities evaluate the inmate's behavior and determine their eligibility for GCTA. This is typically conducted by the Bureau of Corrections (BuCor) for inmates in national penitentiaries or by the Bureau of Jail Management and Penology (BJMP) for detainees in local facilities.

2. Documentation:

   • A "Good Conduct Record" is maintained for each prisoner, outlining their behavior, participation in rehabilitation programs, and compliance with institutional rules.

3. Approval Process:

   • GCTA credits are formally approved by the warden or officer-in-charge of the penal institution.
   • These credits are then communicated to the courts for proper computation of the revised sentence.

VI. Disqualifications and Forfeiture

1. Grounds for Disqualification:

   • If the inmate commits a disciplinary offense or violates institutional rules.
   • Prisoners serving sentences for certain heinous crimes (e.g., rape, murder) may be disqualified under recent jurisprudence and regulations.

2. Forfeiture of GCTA:

   • An inmate may lose accumulated GCTA if they violate prison rules or are found guilty of infractions such as escaping or participating in illegal activities.

VII. Recent Controversies and Legal Clarifications

1. 2019 Legal Debate on Heinous Crimes:

   • In 2019, a controversy arose regarding the application of GCTA to prisoners convicted of heinous crimes, following an attempted release of several high-profile convicts. This led to a temporary suspension and review of the GCTA system.

2. Supreme Court Rulings:

   • In Inmates of New Bilibid Prison v. Bureau of Corrections (2019), the Supreme Court clarified that RA 10592 applies retroactively to qualified inmates because penal laws that are favorable to the accused apply retroactively.

3. Legislative and Administrative Reforms:

   • Congress and the Department of Justice (DOJ) issued clarifications to limit the application of GCTA to exclude heinous crimes in certain contexts.
   • The revised IRR issued in 2019 explicitly excluded heinous crimes from GCTA eligibility.

VIII. Practical Implications

1. Reduction in Sentencing:
   • A properly managed GCTA system significantly reduces the actual time spent by inmates in incarceration, promoting prison decongestion.
2. Rehabilitation Focus:
   • Encourages inmates to engage in programs aimed at reform and skill-building.

IX. Key Challenges

1. Misapplication and Corruption:
   • Instances of alleged corruption and abuse in the computation and approval of GCTA have been reported, leading to public outcry.
2. Disparity in Enforcement:
   • Inconsistencies between national and local facilities in implementing GCTA policies.

X. Conclusion

The GCTA system represents an essential mechanism for rewarding good conduct and fostering rehabilitation among prisoners. However, its implementation must be carefully monitored to ensure fairness, transparency, and adherence to legislative intent. Legal practitioners handling criminal cases should be well-versed in the procedural and substantive aspects of GCTA to advocate effectively for their clients.