Article 29 of the Revised Penal Code: Preventive imprisonment credited
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 6127 (Wording as amended by this law.)
- Amended by: Batas Pambansa Blg. 85 (Wording as amended by this law.)
- Amended by: Executive Order No. 214 (Wording as amended by this law.)
- Amended by: Republic Act No. 10592 (Wording as amended by this law.)
What does Article 29 say?
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:
1. When they are recidivists, or have been convicted previously twice or more times of any crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.
If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall do so in writing with the assistance of a counsel and shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment.
Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30) years.
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. Computation of preventive imprisonment for purposes of immediate release under this paragraph shall be the actual period of detention with good conduct time allowance: Provided, however, That if the accused is absent without justifiable cause at any stage of the trial, the court may motu proprio order the rearrest of the accused: Provided, finally, That recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of this Act. In case the maximum penalty to which the accused may be sentenced is lestierro, he shall be released after thirty (30) days of preventive imprisonment.
What does it mean in plain language?
Article 29 says that time spent in jail before conviction, called preventive imprisonment, is deducted from a prison sentence. The detainee gets full credit if he agrees in writing, with the help of a lawyer, to follow the same disciplinary rules as convicted prisoners. If he does not agree, he gets credit for four-fifths of the time. A detainee whose time in jail already equals the maximum penalty for the offense charged must be released, while the case goes on.
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.
How does it work in real life?
Nora: signs the agreement
Nora is detained for 10 months while her case is tried. She signs, with her lawyer, an agreement to follow the rules for convicted prisoners. She is later sentenced to prison. All 10 months are credited to her sentence.
Ben: does not sign
Ben is also detained for 10 months but does not agree to the disciplinary rules, and says so in writing with his lawyer. He gets credit for four-fifths of the time: 8 months.
Carlo: the case drags on
Carlo is charged with an offense whose maximum possible prison term is shorter than the time he has already spent in detention, 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.
What does this mean in practice?
- The written agreement matters. Full credit depends on the detainee's written agreement, made with counsel, to follow the disciplinary rules.
- Records. The jail keeps the records of detention and good conduct; the court decides the credit in the judgment.
- [Bail](/law/glossary/bail) is separate. Release on bail or recognizance is a different remedy. See how much is bail and release on recognizance.
- GCTA. For time allowances while in detention or serving a sentence, see GCTA.
How much of the time in jail 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 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" |
The credit applies to a sentence "consisting of deprivation of liberty", that is, a prison term.
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.
Three more points come from the same paragraph:
- Good conduct counts. The period is "the actual period of detention with good conduct time allowance". See Article 97 on GCTA.
- The court may order a rearrest if the accused is absent without justifiable cause at any stage of the trial.
- Exclusions. "Recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of this Act."
If the maximum penalty that may be imposed is destierro (banishment from a place, not jail), the accused is released after thirty days of preventive imprisonment.
Can detainees charged with heinous crimes get credit?
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 barred people already convicted from earning good conduct time allowance under Article 97. The Court said that the offenders who may earn good conduct time allowance under Article 29 are those who are not recidivists, habitual delinquents, escapees or persons charged with heinous crimes.
What did Republic Act No. 10592 change?
Republic Act No. 10592 (2013) rewrote Article 29. It added the rule that the computation for immediate release includes good conduct time allowance, and the exclusion of recidivists, habitual delinquents, escapees and persons charged with heinous crimes. The same law changed Articles 94, 97, 98 and 99, which deal with partial extinction of criminal liability and time allowances.
Which Supreme Court rulings are relevant?
Frequently asked questions
Is time in jail before conviction deducted from the sentence?
Yes, under Article 29. A detainee who agrees in writing, with the help of a lawyer, to follow the same disciplinary rules as convicted prisoners gets full credit. One who does not agree gets credit for four-fifths of the time spent in preventive imprisonment.
Who does not get full credit for preventive imprisonment?
Article 29 lists two exceptions to the full credit: recidivists or 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.
Can a detainee be released if the case takes too long?
Article 29 says that when preventive imprisonment equals the possible maximum imprisonment for the offense charged and the case is not yet over, the accused shall be released immediately. The trial or appeal continues. Recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from this rule.
Does good conduct time allowance count for immediate release?
Yes. Article 29 says the computation for immediate release is the actual period of detention with good conduct time allowance.
What happens if the maximum penalty is destierro?
Article 29 says the accused shall be released after thirty days of preventive imprisonment when the maximum penalty to which he may be sentenced is destierro.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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