Article 97 of the Revised Penal Code: Good conduct time allowance (GCTA)
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 10592 (Wording as amended by this law.)
What does Article 97 say?
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.
What does it mean in plain language?
Article 97 gives prisoners days off their sentence for good behavior. This is the good conduct time allowance, or GCTA. A prisoner earns 20 days for each month of good behavior in the first two years, 23 days from the third to the fifth year, 25 days until the tenth year, and 30 days from the eleventh year on. Study, teaching or mentoring adds 15 more days per month.
The current text comes from Republic Act No. 10592 (2013). It applies to convicted prisoners in any penal institution, rehabilitation or detention center, or local jail. It also applies to detainees who qualify for credit for preventive imprisonment under Article 29.
How does it work in real life?
Pedro: the first year of a sentence
Pedro is serving his sentence with good behavior. For each month of his first year, he can earn up to 20 days of GCTA. Over 12 months, that is up to 240 days off his sentence.
Ana: teaching literacy classes
Ana teaches reading to other inmates for 6 months while also keeping good behavior. On top of her good conduct deduction, she can earn 15 more days for each of those months, or up to 90 extra days.
Rolly: an appeal
Rolly is convicted and appeals while in detention. His appeal does not take away the good conduct allowances he can earn. Article 97 says so directly.
What does this mean in practice?
- Who grants it. Under Article 99, 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 grant the allowances. Once granted, they "shall not be revoked".
- The jail computes it. The jail's records decide how many months of good behavior, study or teaching count. Families can ask the jail for the computation.
- Later rules. Implementing rules may change after court rulings. Check with the Bureau of Corrections or the jail for the rules they currently apply.
- Related relief. Probation and release on recognizance are separate. See probation in the Philippines, release on recognizance and the full guide on GCTA.
How many days of GCTA per month?
| Period of imprisonment | Deduction for each month of good behavior |
|---|---|
| 1st and 2nd year | 20 days |
| 3rd to 5th year | 23 days |
| 6th to 10th year | 25 days |
| 11th year onward | 30 days |
| Any time: each month of study, teaching or mentoring | 15 more days |
The extra allowance for study, teaching or mentoring is in paragraph 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.
What did Republic Act No. 10592 change?
The original 1930 text, still printed on the Supreme Court E-Library, was much less generous: 5 days per month in the first two years, 8 days from the third to the fifth year, 10 days until the tenth year, and 15 days after that. It covered only "any prisoner in any penal institution".
Republic Act No. 10592 made four big changes:
- Higher deductions. 20, 23, 25 and 30 days per month.
- Detainees included. People in preventive imprisonment who qualify under Article 29 can also earn GCTA.
- Study, teaching and mentoring. A new 15-day allowance per month.
- Appeal protected. The article now ends with this rule:
An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.
The same law also changed Article 98 (a special allowance for loyalty during a calamity) and Article 99 (who grants the allowances).
Does GCTA apply to people jailed before 2013?
Yes. The first implementing rules of Republic Act No. 10592 said the new allowances would apply only going forward. In Inmates of the New Bilibid Prison v. De Lima (2019), the Supreme Court declared that rule invalid. Under Article 22 of the Code, penal laws favorable to the accused apply retroactively. The Court held that Republic Act No. 10592 shortens the time served, so it is favorable to prisoners and Article 22 applies. The Court ordered the Bureau of Corrections and the Bureau of Jail Management and Penology to "RE-COMPUTE" the time allowances with reasonable dispatch.
Can people convicted of heinous crimes earn GCTA?
After conviction, yes. The 2019 Revised Implementing Rules said recidivists, habitual delinquents, escapees and people convicted of heinous crimes could not earn GCTA while serving their sentence. In Guinto v. Department of Justice (2024), the Supreme Court held that the Department of Justice "exceeded the rule-making powers" given by Republic Act No. 10592. The law does not bar these convicted prisoners under Article 97, so the rules could not.
The Court drew a line between two groups:
- Detainees (not yet convicted) earn GCTA through Article 29 only if they are not recidivists, habitual delinquents, escapees or people charged with heinous crimes.
- Convicted prisoners may earn GCTA under Article 97 regardless of those categories, as long as they are in a penal institution, detention center or jail.
Which Supreme Court rulings are relevant?
Frequently asked questions
How many days of GCTA can a prisoner earn per month?
It depends on the year of imprisonment: 20 days per month of good behavior in the first two years, 23 days from the third to the fifth year, 25 days until the tenth year, and 30 days from the eleventh year on.
Is there extra GCTA for studying or teaching in jail?
Yes. Article 97(5) gives another 15 days for each month of study, teaching or mentoring service, on top of the good conduct deduction.
Does an appeal cancel GCTA?
No. Article 97 says an appeal by the accused does not take away the right to the good conduct allowances.
Does GCTA apply to prisoners jailed before 2013?
Yes. In Inmates of the New Bilibid Prison v. De Lima (2019), the Supreme Court struck down the rule that applied Republic Act No. 10592 only to the future, and ordered the jail bureaus to re-compute the allowances.
Can a person convicted of a heinous crime earn GCTA?
After conviction, yes. In Guinto v. Department of Justice (2024), the Supreme Court nullified the 2019 implementing rules insofar as they barred convicted recidivists, habitual delinquents, escapees and people convicted of heinous crimes from GCTA.
Who grants GCTA?
Under Article 99, the Director of the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the jail warden. Allowances once granted cannot be revoked.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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