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SUPREME COURT REPORTS ANNOTATED VOLUME 449 7/29/18, 4:46 PM
* FIRST DIVISION.
145
by escaping during the term of his sentence. This must be so. For,
by the express terms of the statute, a convict evades „service of his
sentence‰ by „escaping during the term of his imprisonment by
reason of final judgment.‰ That escape should take place while
serving sentence, is emphasized by the provisions of the second
sentence of Article 157 which provides for a higher penalty if such
„evasion or escape shall have taken place by means of unlawful
entry, by breaking doors, windows, gates, walls, roofs, or floors, or
by using picklocks, false keys, disguise, deceit, violence or
intimidation, or through connivance with other convicts or
employees of the penal institution, . . .‰ Indeed, evasion of sentence
is but another expression of the term „jail breaking.‰
Same; Same; Same; Same; The period for prescription of
penalties begins only when the convict evades service of sentence by
escaping during the term of his sentence.·This Court pronounces
that the prescription of penalties found in Article 93 of the Revised
Penal Code, applies only to those who are convicted by final
judgment and are serving sentence which consists in deprivation of
liberty. The period for prescription of penalties begins only when the
convict evades service of sentence by escaping during the term of
his sentence. Since petitioner never suffered deprivation of liberty
before his arrest on January 20, 2000 and as a consequence never
evaded sentence by escaping during the term of his service, the
period for prescription never began.
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SUPREME COURT REPORTS ANNOTATED VOLUME 449 7/29/18, 4:46 PM
AZCUNA, J.:
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SUPREME COURT REPORTS ANNOTATED VOLUME 449 7/29/18, 4:46 PM
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4 Rollo, p. 6.
5 Id.
6 Rollo, p. 27.
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The Decision subject of this appeal, which was based on the 1952
ruling rendered in Infante vs. Warden, 48 O.G. No. 122, 92 Phil.
310, is, petitioner most respectfully submits, not good case law. It
imposes upon the convict a condition not stated in the law. It is
contrary to the spirit, nature or essence of prescription of penalties,
creates an ambiguity in the law and opens the law to abuse by
government.
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x x x was that the remitted penalty for which the petitioner had
been recommitted to jail·one year and 11 days·had prescribed. x
12
xx
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SUPREME COURT REPORTS ANNOTATED VOLUME 449 7/29/18, 4:46 PM
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12 Supra, at p. 313.
13 Supra, at p. 313.
14 The period of prescription of penalties shall commence to run from
the date when the culprit should evade the service of his sen
153
15
The case of Tanega v. Masakayan falls squarely within
the issues of the present case. In that case, petitioner
Adelaida Tanega failed to appear on the day of the
execution of her sentence. On the same day, respondent
judge issued a warrant for her arrest. She was never
arrested. More than a year later, petitioner through counsel
moved to quash the warrant of arrest, on the ground that
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SUPREME COURT REPORTS ANNOTATED VOLUME 449 7/29/18, 4:46 PM
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tence, and it shall be interrupted if the defendant should give himself up, be
captured, should go to some foreign country with which this Government has
no extradition treaty, or should commit another crime before the expiration of
the period of prescription.
15 125 Phil. 966; 19 SCRA 564 (1967).
154
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Judgment affirmed.
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