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Batas Pambansa Bilang 85
AN
ACT AUTHORIZING THE RELEASE OF ANY OFFENDER OR ACCUSED WHO HAS
UNDERGONE
PREVENTIVE IMPRISONMENT EQUAL TO OR MORE THAN THE POSSIBLE MAXIMUM
IMPRISONMENT
TO WHICH HE MAY BE SENTENCED BY AMENDING THE REVISED PENAL CODE.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 85AN
ACT AUTHORIZING THE RELEASE OF ANY OFFENDER OR ACCUSED WHO HAS
UNDERGONE
PREVENTIVE IMPRISONMENT EQUAL TO OR MORE THAN THE POSSIBLE MAXIMUM
IMPRISONMENT
TO WHICH HE MAY BE SENTENCED BY AMENDING THE REVISED PENAL CODE.chan
robles
virtual law library
chanrobles virtual law librarySection
1. Article twenty-nine
of Public Act Numbered Thirty-eight hundred and fifteen, otherwise
known
as the Revised Penal Code, as amended by Republic Act Numbered
Sixty-one
hundred and twenty-seven, is further amended to read as follows:chanroblesvirtuallawlibrarychanrobles virtual law library
"Art.
29. Period of preventive
imprisonment deducted from term of imprisonment. — 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 to abide by the same
disciplinary
rules imposed upon convicted prisoners except in the following cases:chanroblesvirtuallawlibrarychanrobles virtual law library
"1. When
they are recidivists, or have been convicted previously twice or more
times
of any crime; and chanrobles virtual law library
"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 be credited in the
service
of his sentence with four-fifths of the time during which he has
undergone
preventive imprisonment.
"Whenever
an accused has undergone preventive imprisonment for a period equal to
or more than 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 unless
he is detained by virtue of an arrest, search and seizure order (ASSO).
In case the maximum penalty to which the accused may be sentenced is
destierro,
he shall be released after thirty (30) days of preventive imprisonment."chanrobles virtual law library
Sec.
2. This Act shall take
effect upon its approval.chanrobles virtual law library
Approved:
September 20, 1980
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