On
Computation Of Penalties

ART.28

Rules on Computation of Penalties:
1. When the offender is in prison – the duration of the temporary penalties (Permanent Absolute Disqualification, Temporary Absolute Disqualification, detention, suspension) is from the day on which the judgment of conviction becomes final.
2. When the offender is not in prison – the duration of the penalty of deprivation of liberty is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty
3. The duration of the other penalties – the duration is from the day on w/c the offender commences to serve his sentence

NOTES:

Reason for rule (a) – Under Art 24, the arrest and temporary detention of the accused is not considered a penalty.

If in custody, the accused appealed, the service of the sentence should commence from the date of the promulgation of the decision of the appellate court, not the trial court.

Service in prison begins only on the day the judgment of conviction becomes final.

In cases of temporary penalties, and if the offender is under detention (as when undergoing preventive imprisonment), rule (a) applies.

If he is not under detention (released on bail), rule (c) applies.

If offender is under preventive imprisonment, rule (c) applies, not rule (a).

The offender is entitled to a deduction of the full time or 4/5 of the time of his detention.