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Special Time Allowance for Loyalty

ART. 98.

Special time allowance for loyalty. – A deduction of one fifth of the period of his sentence shall be granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned in Article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe referred to in said article. A deduction of two-fifths of the period of his sentence shall be granted in case said prisoner chose to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this Code.

"This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence."  (RA  10592)

NOTES:

The article applies only to prisoners who escaped.

There is a deduction of 1/5 of the period of sentence of prisoner who, having evaded the service of his sentence during the calamity or catastrophe mentioned in Art 158, gives himself up to the authorities within 48 hours following the issuance of the proclamation by the President announcing the passing away of the calamity or catastrophe.

The deduction is based on the original sentence and not on the unexpired portion.

Art 158 provides for increased penalties:

A convict who has evaded the service of his sentence by leaving the penal institution on the occasion of disorder resulting from conflagration, earthquake or similar catastrophe or during mutiny in which he did not participate is liable to an increased penalty (1/5 of the time still remaining to be served – not to exceed 6 months), if he fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the President announcing the passing away of the calamity.