Computation of penalties, A28-29 Revised Penal Code

1. Computation of penalties

The following are the provisions for the computation of penalties.

a. In prison

Article 28. Computation of penalties. - If the offender shall be in prison, the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final.

(Revised Penal Code)

To count the duration of the temporary penalties, computation starts from the day when the judgment of conviction has become final: Provided, that the offender is already in jail.

b. Not in prison

Article 28. Computation of penalties. - …

If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence.

(Revised Penal Code)

If the offender is not in jail, the counting of the duration of the penalty consisting of deprivation of liberty starts when the offender is “placed at the disposal of the of the judicial authorities for the enforcement of the penalty.” That the provision refers to “judicial authorities” means that they are those that have been empowered or authorized by the courts, and not simply any other law enforcement officer.

As for other penalties not involving deprivation of liberty,...