On
Allowance for Good Conduct
Art. 96. Effect of commutation of sentence
The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former.


 ART. 97: ALLOWANCE FOR GOOD CONDUCT

Allowance for good conduct. – 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." (RA  10592)


NOTES:

Allowance for good conduct not applicable when prisoner released under conditional pardon.

Good conduct time allowance is given in consideration of good conduct of prisoner while he is serving sentence.

The convict may earn these while he is serving his sentence.
Example:
Article 158. A convict who escapes the place of confinement on the occasion of disorder resulting from a conflagration, earthquake or similar catastrophe, or during a mutiny in which he has not participated; but who returns within 48 hours after the proclamation that the calamity had passed shall be given credit of 1/5 deduction of the original sentence.

Note:
Not an automatic right for it has to be granted by the Director of Prisons (Art. 99). Also, he must be serving his sentence. Thus, if released because of conditional pardon, this provision is not applicable.