PANGAN v.

GATBALITE
GR NO. 141718 | 21 January 2005 | Azcuna, J.
Prescription of crimes and penalties

DOCTRINE:
The period for prescription of penalties begins only when the convict evades service of sentence by escaping
during the term of his sentence.

FACTS:
 Petitioner was indicted for simple seduction. During the trial, counsel for petitioner submitted the case for
decision without offering any evidence, due to petitioner’s constant absence at hearings.
 Petitioner was then convicted of the offense charged and was sentenced to serve a penalty of two months
and one day of arresto mayor. The RTC affirmed in the decision of the MTC.
 The case was called for promulgation but despite due notice, counsel for the petitioner did not appear.
Notice to petitioner was returned unserved with the notation that he no longer resided at the given
address. As a consequence, he also failed to appear at the scheduled promulgation. The court ordered the
arrest of petitioner.
 Pursuant to the order of arrest, on January 20, 2000, the petitioner was apprehended and detained at the
Mabalacat Detention Cell. On January 24, 2000, petitioner filed a Petition for a Writ of Habeas Corpus at
the Regional Trial Court of Angeles City. He impleaded as respondent the Acting Chief of Police of
Mabalacat, Pampanga.
 Petitioner contended that his arrest was illegal on the grounds that:
o The straight penalty of 2 months and 1 day of arresto mayor prescribed in 5 years under No. 3,
Art. 93 of the RPC; and
o Having been able to continuously evade service of sentence for almost 9 years, his criminal
liability has long been totally extinguished under No. 6, Art. 89 of the RPC.
ISSUE:
Whether or not Article 93 of the RPC should apply in this case? – NO

HELD:
Article 93 of the Revised Penal Code provides when the prescription period of penalties shall commence to run. It
shall commence to run from the date the felon evades the service of his sentence. Pursuant to Article 157 of the
same Code, evasion of service of sentence can be committed only by those who have been convicted by final
judgment by escaping during the term of his sentence. Since petitioner never suffered deprivation of liberty before
his arrest, and as a consequence never evaded sentence by escaping during the term of his service, the period of
prescription never began. However, by this time, petitioner has fully served his sentence and should be released
unless he is detained for another offense or charge.