Is Time in Jail Before Conviction Deducted From the Sentence?
Quick answer
Yes. Time spent in jail while the case is being tried, called preventive imprisonment, is deducted from a prison sentence under Article 29 of the Revised Penal Code. The detainee gets full credit if he or she agrees in writing, with a lawyer's help, to follow the same disciplinary rules as convicted prisoners, and four-fifths of the time if not. Some detainees, such as recidivists, are excluded. A detainee whose time in jail already equals the maximum possible penalty must be released while the case goes on.
What does Article 29 say?
The current text comes from Republic Act No. 10592 (2013). The first paragraph reads:
Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the detention prisoner agrees voluntarily in writing after being informed of the effects thereof and with the assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases:
- When they are recidivists, or have been convicted previously twice or more times of any crime; and
- When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.
The credit applies to a sentence "consisting of deprivation of liberty", that is, a prison term.
How much is credited?
| Situation | Credit |
|---|---|
| Detainee agrees in writing, with counsel, to the disciplinary rules for convicted prisoners | Full time of preventive imprisonment |
| Detainee does not agree (also stated in writing, with counsel) | Four-fifths of the time |
| Recidivist, or convicted previously twice or more times of any crime | No credit under the first paragraph |
| Failed to surrender voluntarily when summoned for the execution of the sentence | No credit under the first paragraph |
| Sentence of reclusion perpetua | The credit "shall be deducted from thirty (30) years" |
Are detainees charged with heinous crimes credited?
The 2019 implementing rules of Republic Act No. 10592 deny credit for preventive imprisonment to persons deprived of liberty charged with heinous crimes. In Guinto v. Department of Justice (2024), the Supreme Court nullified parts of those rules, but only insofar as they disqualified persons deprived of liberty who are later convicted by final judgment from earning good conduct time allowance. The Court read the offenders who may earn the allowance under Article 29 as those who are not recidivists, habitual delinquents, escapees or persons charged with heinous crimes. For the allowance itself, see GCTA.
When must a detainee be released before the case ends?
Article 29 has a rule for long cases:
Whenever an accused has undergone preventive imprisonment for a period equal to the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review.
The same paragraph adds three points:
- Good conduct counts. The period is "the actual period of detention with good conduct time allowance". See Article 97.
- Rearrest. The court may order the rearrest of an accused who is absent without justifiable cause at any stage of the trial.
- Exclusions. Recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded.
If the maximum penalty that may be imposed is destierro (a ban from a place, not jail), the accused is released after thirty days of preventive imprisonment.
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case. The actual credit is computed by the court and the jail.
Nora is detained for 10 months while her case is tried. With her lawyer, she signs an agreement to follow the rules for convicted prisoners. She is later sentenced to prison. All 10 months are credited.
Ben is also detained for 10 months but does not agree to the rules, and says so in writing with his lawyer. He gets credit for four-fifths of the time: 8 months.
Carlo has been detained longer than the maximum prison term possible for the offense charged, counting good conduct time allowance. He is not a recidivist, habitual delinquent or escapee, and is not charged with a heinous crime. Under Article 29, he should be released while the case continues.
Is there a way out of jail before trial ends?
Credit for preventive imprisonment only counts after a sentence is imposed, or when the time served reaches the maximum. Release during the case is a different question: see how much is bail and release on recognizance. For the time limits on holding a person after arrest, see how long police can detain you without charges.
When do you need a lawyer?
A detainee needs a lawyer to sign the written agreement on the disciplinary rules, because Article 29 requires the assistance of counsel, and to ask for release when the time served reaches the maximum penalty. If you cannot afford one, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
Is preventive imprisonment deducted from the sentence?
Yes. Under Article 29 of the Revised Penal Code, as amended by Republic Act No. 10592, time spent in detention before conviction is credited to a prison sentence: the full time if the detainee agrees in writing, with counsel, to follow the disciplinary rules for convicted prisoners, or four-fifths of the time if not.
Who does not get credit for preventive imprisonment?
Article 29 excludes recidivists, those convicted previously twice or more times of any crime, and those who failed to surrender voluntarily when summoned for the execution of their sentence. The 2019 implementing rules also deny credit to detainees charged with heinous crimes.
How is the credit applied to reclusion perpetua?
Article 29 says credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty years.
Can a detainee be released if the case takes too long?
Yes. If the time in detention, counting good conduct time allowance, equals the possible maximum imprisonment for the offense charged and the case is not yet finished, the accused is released immediately while the trial or appeal continues. Recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded.
What if the maximum penalty is destierro?
Article 29 says that if the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty days of preventive imprisonment.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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