III.

DELIVERY OF PRISONERS FROM JAIL

CATACUBOY
Edmundo Alberto and Bonifacio Intia v Hon. Rafael De La
Cruz and Eligio Orbita
GR No. L-31839, 30 June 1980
Nature: Petition for certiorari with a prayer for the issuance of a
writ of preliminary injunction, to annul and set aside the order of the
respondent judge
Ponente: Concepcion Jr., J.
Facts:
Orbita, a provincial guard, is prosecuted for the crime of
Infidelity in the Custody of Prisoner, defined under Art 224 of the
Revised Penal Code. A note used as evidence in the trial purportedly
written by Gov Cledera asking the witness to send five men to work
in the construction of a fence at his house.
Believing that the escape of Pablo Denaque was made
possible by the nore of Gov. Cledera to Esmeralda and that Cledera
and Esmeralda are equally guilty of the offense for which accused
had been charged, defense counsel filed a motion seeking
amendment of the information to include Gov Cledera and
Esmeralda as defendants.
Issues:
Whether or not the court erred in including the two additional
defendants to the information.
Held:
Yes
Ruling:
The offense against Article 156 of the Revised Penal Code on
delivering prisoners from jails may be committed in two ways: (1) by
removing a person confined in any jail or penal establishment, and
(2) by helping such a person to escape.
The offense under this article is usually committed by an
outsider who removes from jail any person therein confined or helps
him escape. If the offender is a public officer who has custody or
charge of the prisoner, he is liable for infidelity in the custody of
prisoner defined and penalized under Art 223.
In order to be guilty under provision 223, it is necessary that
the public officer had consented to, or connived in, the escape of
the prisoner under his custody or charge.
In the case at bar, Gov Cledera, as governor, and Esmeralda,
as assistant provincial warden, cannot be prosecuted or the escape
of Pablo Denaque under Article 156 of the RPC. There is likewise no
sufficient evidence to warrant their prosecution under Art 223.
No connivance in the escape of Pablo Denaque from the
custody of Orbita can be deduced from the note of Gov Cledera to
Esmeralda asking for five men to work in the guest house, it
appearing that the notes do not mention the names of the prisoners

III. DELIVERY OF PRISONERS FROM JAIL

CATACUBOY
to be brought to the guest house; and that it was accused Orbita
himself who picked the men to compose the work party.
Order of lower court annulled and set aside.