Evasion of Service of Sentence

Category: Book 2- Crimes and Penalties

Evasion of Service of Sentence

Evasion means to escape or to avoid serving a penalty. Only prisoners who have been sentenced by final judgment are liable for evasion. The penalty of the accused must be one of imprisonment or destierro. There are three kinds of evasion:   

1.     Evasion by Escaping under ordinary circumstances (Article 157)

2.     Evasion by Escaping on the occasion of a disorder or mutiny ( Art. 158)

3.     Evasion by Violation of a Conditional Pardon (Art. 159)

ART. 157 Revised Penal Code. Evasion by Escaping

I. Concept: the crime committed by a prisoner by final judgment who escapes during the term of his imprisonment, or, having been sentenced to destierro, shall enter the designated prohibited area. ( Note the escapee is referred to in police/prison parlance as a Jailbird)

II. In case of destierro, the penalty for the evasion is also destierro.

1. Question: Is there evasion if the prisoner enters the prohibited area due to an emergency? Such as bringing a loved one to the hospital or attending a burial?

III. In case the prisoner voluntarily returns, his liability remains but the penalty maybe mitigated as this is analogous to voluntary surrender

ART. 158 Revised Penal Code. Evasion on the Occasion of Calamities

I. Concept: There is a disorder resulting from a conflagration, earthquake, explosion or similar catastrophe, or a mutiny in which he has not participated; a prisoner by final judgment escapes or leaves the penal establishment; he fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing way of the calamity.

II. It is not the act of escaping which constitutes the evasion because it is normal for people to try to save their lives during a catastrophe or calamity. What gives rise to the crime is the failure to return or to give himself up return within 48 hours

III. If the prisoner returns within 48 hours, he is given a deduction of 1/5 of his original sentence for loyalty. If he fails to return, his penalty is 1/5 of the remaining sentence but not to exceed 6 months. Those who did not escape are not given any deduction.

IV. The term mutiny does not include prison riots but subordinate prison officials rising against their superiors. If the escapee participated and escaped, he is liable for evasion under Article 157.Neither does it include mass jail breaks.  

V. QUESTIONS: (1) Will the foregoing provision apply to prisoners in the provincial or city jails? (2) Suppose it was a death convict who, while awaiting his execution, escaped ?

ART. 159 Revised Penal Code: Other Cases of Evasion of Service of Sentence

I. Concept: This is in truth Violation of Conditional Pardon. A convict accepted the grant of a conditional pardon, which thus becomes a contract between him and the Chief Executive. This has the effect of suspending the enforcement of a sentence, or which exempt the convict from serving the unexpired portion of his prison penalty.

II. Requirements:

1.     The violation usually consists of the commission of another offense

2.     The prisoner must first be convicted by final judgment of the other offense

3.     The violation or commission of another offense must be during the remaining period of the sentence. If the commission was after the lapse of the remaining unserved portion of his original penalty, he may be required to continue serving his original penalty if the terms of the condition were such that the condition will continue even after the lapse of the unserved portion of his penalty..

III. The liability therefore of the accused consists of: (1) Prosecution for the new offense and (2) Prosecution for Violation of Conditional pardon and (3) Administrative, or to serve his sentence upon order of the President (recommitment) . This is independent of his criminal liabilities.

IV. Illustration:  

1. Convict served 5 years of his 12 years sentence for robbery. and then  he accepted a conditional pardon. He must comply with the conditions or he should not commit any offense during the 7 year period. If within the 7 year period he committed physical injuries, then the consequences are as follows:

a)     He will be prosecuted for Physical Injuries

b)    If found guilty then he will be prosecuted for Violation of Conditional Pardon

c)     The President may order him to serve his original sentence. This is upon the discretion of the President.

2.     If the physical injury was committed after the lapse of 7 years, the convict is not liable for Violation of Conditional Pardon. He will just be liable for the new offense he committed. However, the President may, at his discretion, order that the convict go back to jail to serve the remaining 7 years of his original sentence, if so provided in the pardon.

V. Penalty for Violation:

A. Prison correctional minimum if the remitted portion ( i.e the portion which was not served is up to 6 years). This is why it is said that Violation of Conditional Pardon is a substantive offense.

B.No new penalty if the unserved portion is more than 6 years. This is the reason for the view that Violation n is not a substantive offense.

Art.160 Revised Penal Code- Commission of Another Crime During the Service of Penalty for Another Previous Offense

I. This is the special aggravating circumstance of Quasi-Recidivism or the commission of another offense by a convict before beginning to serve his sentence for a previous offense or while serving the same.

II. The first offense may be any crime but the second must always be a felony

III. The legal consequence is that the penalty for the new offense will be in its maximum period irrespective of ordinary mitigating circumstances

IV. The new offense may be committed: (i) while the convict is being transported to prison (ii) while in prison or (iii) during the period of time that he escaped from prison

V. If the new offense and old are both under the same title of the Revised Penal Code, it will be quasi-recidivism which will be favored over recidivism in view of the intention of the Code to punish those who commit an offense even after having been already convicted.