GCTA: How Good Conduct Time Allowance Is Computed
Quick answer
GCTA, or good conduct time allowance, is time deducted from a prison sentence for good behavior. Under Article 97 of the Revised Penal Code, as amended by Republic Act No. 10592, a person earns 20 days per month of good behavior in the first two years, 23 days in years three to five, 25 days in years six to ten, and 30 days from the eleventh year. An extra 15 days per month can be earned for study, teaching or mentoring. The Bureau of Corrections, the BJMP or the jail warden computes and grants the actual allowance.
What does Article 97 say?
Article 97 applies to two groups: offenders who qualify for credit for preventive imprisonment under Article 29, and convicted prisoners in any penal institution, rehabilitation or detention center or local jail.
- During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good behavior during detention;
The other rates follow the same pattern:
| Period of imprisonment | Deduction for each month of good behavior | Up to, for 12 full months (estimate) |
|---|---|---|
| Years 1 and 2 | 20 days | 240 days per year |
| Years 3 to 5 | 23 days | 276 days per year |
| Years 6 to 10 | 25 days | 300 days per year |
| Year 11 onward | 30 days | 360 days per year |
| Any time: study, teaching or mentoring | 15 more days for each month of service | 180 more days per year |
The last column is simple arithmetic (days per month × 12). It is an illustration only. The actual allowance depends on the months of good behavior recorded, and the Bureau of Corrections or the jail computes it.
The article ends with an important protection:
An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.
Who grants GCTA, and can it be taken back?
Under Article 99, as amended, the allowances are granted by the Director of the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology (BJMP), and/or the warden of a provincial, district, municipal or city jail, "whenever lawfully justified". The article adds that allowances once granted shall not be revoked.
Republic Act No. 10592 also has a penal clause (Section 6): a public officer or employee who violates the law faces one year of imprisonment, a fine of ₱100,000 and perpetual disqualification from office.
Is there extra credit for staying during a disaster?
Yes. This is the special time allowance for loyalty in Article 98, as amended:
- a deduction of one-fifth of the sentence for a prisoner who escaped during a calamity listed in Article 158 and gives himself or herself up within 48 hours after a proclamation that the calamity has passed; and
- a deduction of two-fifths for a prisoner who chose to stay in the place of confinement despite the calamity.
It applies whether the person is in preventive imprisonment or serving sentence.
Does GCTA count while a case is still pending?
It can. Article 97 covers detainees who qualify for credit for preventive imprisonment under Article 29. Article 29 also says that when a detainee has been held as long as the possible maximum prison term and the case is not finished, he or she is released, and that period is computed as the actual detention with good conduct time allowance.
Article 29 has exceptions, such as recidivists and those who failed to surrender when summoned for the execution of their sentence. The 2019 implementing rules list the detainees who get no credit for preventive imprisonment (Rule III, Section 3) and no GCTA during preventive imprisonment (Rule IV, Section 1). Both lists include recidivists, habitual delinquents, escapees and persons charged with heinous crimes.
What did the Supreme Court decide in 2019 and 2024?
Inmates of the New Bilibid Prison v. De Lima (2019). The 2014 implementing rules applied the higher allowances only from the time the rules took effect. The Supreme Court declared that part invalid. It relied on the rule that penal laws favorable to the accused apply retroactively (Article 22 of the Code). It ordered the Bureau of Corrections and the BJMP to re-compute the allowances of the petitioners and all those similarly situated, and to release those who had fully served their sentences. See the case digest.
Guinto v. Department of Justice (2024). The 2019 Revised implementing rules said recidivists, habitual delinquents, escapees and persons convicted of heinous crimes get no GCTA while serving sentence. The Supreme Court held that the Department of Justice "exceeded the rule-making powers" given by Republic Act No. 10592. It nullified those rules insofar as they disqualify persons deprived of liberty who are later convicted by final judgment, and ordered the petitioners' allowances computed under its ruling. The ruling is about convicted persons. It did not strike down the rule on detainees in preventive imprisonment described above. We have not read any rules issued after this decision.
How does this work in real life?
These are made-up examples, with simple estimates. They are not advice for any real case. The Bureau of Corrections, the BJMP or the warden computes the actual allowance.
Pedro is in his first year of a prison sentence and has good behavior every month. For those 12 months he may earn up to 12 × 20 = 240 days of GCTA.
Ana is in her fourth year. She has good behavior and also teaches a literacy class for 6 months. She may earn up to 12 × 23 = 276 days for good behavior, plus 6 × 15 = 90 days for teaching.
Ramon was convicted of a heinous crime and is serving his sentence. Before 2024, the 2019 rules barred him from GCTA. After Guinto, the rule that barred convicted persons like him was nullified, so he may earn GCTA under Article 97. How it is computed for him is up to the Bureau of Corrections.
If the case is still at the sentencing stage and the sentence is short, see also Who can apply for probation?
When do you need a lawyer?
If you believe a relative's GCTA was not computed or credited correctly, or a release date seems wrong. A lawyer can request the records from the Bureau of Corrections, the BJMP or the jail and take the proper legal steps. If the family cannot afford one, see Free legal help in the Philippines for the Public Attorney's Office (PAO).
Which provisions does this answer rest on?
Which Supreme Court rulings are relevant?
Frequently asked questions
How many days of GCTA per month?
Under Article 97, as amended by Republic Act No. 10592: 20 days per month of good behavior in the first two years, 23 days from the third to the fifth year, 25 days from the sixth to the tenth year, and 30 days from the eleventh year on. Another 15 days per month can be earned for study, teaching or mentoring.
Who grants GCTA?
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 (Article 99). Allowances once granted shall not be revoked.
Does GCTA apply to sentences before 2013?
Yes. In Inmates of the New Bilibid Prison v. De Lima (2019), the Supreme Court struck down the rule that applied the new allowances only to the future, and ordered the Bureau of Corrections and the BJMP to re-compute the allowances.
Can persons convicted of heinous crimes earn GCTA?
In Guinto v. Department of Justice (2024), the Supreme Court nullified the 2019 implementing rules insofar as they barred persons convicted by final judgment, including recidivists, habitual delinquents, escapees and those convicted of heinous crimes, from earning GCTA.
Does an appeal remove GCTA?
No. Article 97 says an appeal by the accused shall not deprive him or her of the allowances for good conduct.
Does GCTA count while the case is still on trial?
It can. Article 97 covers offenders qualified for credit for preventive imprisonment under Article 29, and Article 29 says the period of detention for immediate release is computed with good conduct time allowance.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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