Philippine Bar review · Question

Practice question: Credit for Preventive Imprisonment

Multiple Choice Medium

Practice question

An otherwise eligible accused spends one hundred days in qualifying detention and another two hundred days genuinely at liberty on bail. Counsel claims three hundred actual detention days solely because the case remained pending. Which is sound?
  1. Pendency alone makes every day a jail day.
  2. Bail converts all private activities into prison service.
  3. The number of hearings replaces actual detention.
  4. The at-liberty interval cannot automatically be added as actual preventive imprisonment.
  5. No custody record can ever matter.

Legal references

  • RA 10592, Section 1, amended Article 29, including destierro and actual detention: https://lawphil.net/statutes/repacts/ra2013/ra_10592_2013.html
  • Guinto v. Department of Justice, G.R. Nos. 249027 and 249155, April 3, 2024, en banc main decision: https://lawphil.net/judjuris/juri2024/apr2024/gr_249027_2024.html

Answer this question in flashcards to review your response and continue practicing.