A Step-by-Step Guide to PDL Releases in the Philippines

Based on interviews with PDLs and personnel of correctional agencies, we developed this step by step guide to PDL releases. This is not official and each case may vary based on seriousness of the offense and the criminal history of the PDL. For specific inquiries, ask the assistance of a lawyer. Be guided also to the instructions of Bucor personnel.

Step-by-Step Guide to PDL Release in the Philippines: General outline

If you are a Person Deprived of Liberty (PDL) currently incarcerated in any of the Bureau of Corrections (BuCor) facilities—such as the New Bilibid Prison, Correctional Institution for Women, Davao Prison and Penal Farm, Iwahig Prison and Penal Farm, Sablayan Prison and Penal Farm, Leyte Regional Prison, or San Ramon Prison and Penal Farm—there are several legal pathways and administrative steps that may lead to your release. Here's a clear guide to help you and your loved ones navigate the process.

1. Compute Your Actual Time Served

Begin by calculating the actual time you’ve spent in detention. This includes:

• The date of arrest up to the current date.

• Include time spent in police detention, BJMP or provincial jail, and BuCor prison.

• Subtract periods when you were out on bail or escaped custody.

• If you were transferred across multiple facilities, include all detention periods and note dates of arrest, jail commitment, and prison transfer.

2. Compute Time Allowances (GCTA, TASTM, STAL)

Add all time allowances for good behavior and productivity:

• GCTA (Good Conduct Time Allowance): for good behavior.

• TASTM (Time Allowance for Studying, Teaching, and Mentoring): for participating in educational or mentorship programs.

• STAL (Special Time Allowance for Loyalty): for loyalty during calamities or escape attempts by others.

Make sure to collect:

• Certificates of Detention, Certificate of No Pending Case/s (CNPC), Certificate of Non-Appeal (CNA). NOTE: If PDLs have cases at MTC or MCTC, CNA is also required to be secured from these courts) and Certificates of GCTA/TASTM/STAL credits from your BJMP or provincial jail time before your transfer to BuCor.

• If you haven’t secured them, ask your family to help get certified copies immediately. If no family is available, request assistance from BuCor staff.

• It’s ideal to obtain these documents within your first year in BuCor, as delays may make them harder to procure. Always keep a personal copy. Note: The BJMP and provincial jails are required to include these certificates upon your transfer to BuCor.

3. Compare Sentence vs. Time Served and Allowances

Add your actual time served to your GCTA, TASTM, and STAL. Compare this total to your maximum sentence:

• GCTA can grant at least 20 days per month, depending on good behavior.

• TASTM can add up to 15 days per month if you participate in programs.

• Combined, you may earn up to 35 days per month of sentence credit.

• For example, 10 years of good behavior and participation could equate to 12 years’ worth of sentence credits, making you eligible for release if your sentence is 20 years. Note: GCTA varies on the years you have stayed in prison. The longer you stay, the bigger is the the GCTA. There are four scales. Here is the breakdown of each scale.

SCALE

Time in prison

No of Months

Deductible each month

Scale 1

During First two years

24months

20 days

Scale 2

During the third to fifth year

36 months

23 days

Scale 3

During the following years until the tenth year

60 months

25 days

Scale 4

During the eleventh and successive years

120 months

30 days

Maintaining good behavior is crucial. Avoid fights, riots, drug use, and contraband to avoid disqualification from GCTA credits.

4. If Sentence Is Completed, BuCor Initiates Release Process

Once your actual time served plus credits meets or exceeds your maximum penalty:

• The prison facility will forward your name to the PDL Document and Processing Division (PDPD) at BuCor headquarters for review.

5. For Those with Life Imprisonment (LI)Reclusion Perpetua (RP)and Definite Sentence (Indeterminate Sentence) or Seeking Early Release

a. Executive Clemency and Commutation (for life sentences)

• Apply to the Board of Pardons and Parole (BPP) for your sentence to be commuted into a fixed term (Determinate Sentence).

• Once commuted, your time served and credits can be measured against the new maximum.

• Simple LI/RP – 18 years with GCTA, TASTM and/or STAL

• 2x or more LI/RP – 20 years with GCTA TASTM and/or STAL

• RP from Death Penalty – 25 years with GCTA TASTM and/or STAL

b. Parole Application (for fixed-term sentences) (Determinate Sentence)

• If your time served (Minimum penalty) plus credits is less than the maximum, you may apply for Parole.

To apply:

• Write a letter of application to the Board of Pardons and Parole (BPP).

• Once received, BPP informs PDPD to collect your documents and verify eligibility.

• Other requirements: Psychological Evaluation to be administered by BuCor Psychologists

6. Pre-Parole or Executive Clemency Investigation

• If eligible, BPP instructs the Parole and Probation Administration (PPA) to conduct a background investigation.

• A Parole and Probation Officer (PPO) will:

• Visit your family and community.

• Evaluate your conduct in prison.

• Determine your rehabilitation status and risk level.

• Assess whether you have a support system and employment plan.

Your cooperation is essential—convince the PPO that you are ready for reintegration and committed to following parole conditions.

7. Decision on Application

• After investigation, the PPO submits a report to the BPP.

• If Parole is granted, BPP notifies BuCor.

• Documents are forwarded to the Office of the Director General (ODG) for signature, then back to PDPD and sent to the prison for release processing.

• If Executive Clemency or Commutation is endorsed:

• BPP forwards it to Malacañang for review.

• It passes through the Office of the Deputy Executive Secretary for Legal Affairs (ODESLA), Executive Secretary, Presidential Legal Counsel, and Office of the President.

• If approved, documents are transmitted back to the BPP, then PDPD, ODG, and prison facility for release.

8. Final Checks Before Release

• PDPD ensures all documents are complete, including:

• Certificate of no pending case

• Certificate of non-appeal

• Certificate of Detention

• GCTA/TASTM/STAL certifications

Once verified:

• Documents go to the Director General for final signature.

• Returned to PDPD, then to the prison for release processing.

9. Additional DOJ Clearance (for Heinous Crime Convictions)

• If you were convicted of a heinous crime, your case must be cleared by the Department of Justice (DOJ) under Department Order No. 652.

• After the ODG signs your documents, PDPD forwards them to the DOJ.

• The PDPD must forward the documents to the DOJ three months prior to the full expiration of the sentence.

• The DOJ Secretary must sign the release order, which is then sent back through PDPD to the prison.

10. After Release: Your Responsibilities

Upon release, especially under parole:

• Immediately report to your assigned Parole Officer.

• Follow all conditions, including:

• Regular reporting

• Abstaining from drug use

• Participating in rehabilitation programs

• Avoiding negative influences and criminal peers

Violating conditions may lead to your re-incarceration to serve the remainder of your sentence.

This guide is based on Republic Act No. 10592 (GCTA Law), the Revised Penal Code, and relevant Bureau of Corrections and Board of Pardons and Parole policies. It is designed to help you take the right steps toward lawful and successful reintegration into society.

Let your time in prison be a time of reform—and your release, a new beginning.