ISLAW , Not applicable to Escapee

43.
People vs. Martinado
G.R. No. 169872. October 19,1992

Facts:
On November 14,1986 in Caloocan City, conspiring together and mutually helping one another they
attacked and stabbed Juan Matias y Reyes with a sharp pointed instrument and feloniously rob and
carry away some articles belonging to the victim. Eliseo and Hermogenes were arraigned with the
assistance of a counsel and pleaded not guilty. While Rolly, has not been formally identified and is still
at large. The trial court concluded that the prosecution convincingly established the special cimplex
crime of Robbery with homicide. At the outset, this Court, has to resolve the propriety of the interposed
appeal insofar as accused Eliseo Martinado, which the promulgation was made in his absence because
he had escaped on August 6,1988, exactly five (5) days after the defense rested its case, from Kalookan
City Jail. The escape, however, was reported to the trial court on August 8,1988. Consequently, the trial
court issued a warrant of arrest for him, which was returned unserved per information that accused
cannot be seen for a long period of time.Eliseo was re-arrested in Palo,Leyte by Speacial Action Team of
Kalookan Police station.

Issue:
WON Indeterminate Sentence Law (ISLAW) is applicable to an escapee.

Held:
NO.
Accused Eliseo Martinado, however, shall not be entitled to the benefits of the Indeterminate Sentence
Law as he had escaped from confinement.Accordingly, he is hereby sentenced to suffer the penalty of
imprisonment of Seventeen(17) years, four(4) months and one(1) day reclusion temporal maximum.