PEOPLE OF THE PHILIPPINES (PLAINTIFF) VS.

FLORENTINO ABILONG (DEFENDANT)

(GR NO # L1960 – November 26, 1948)

Facts of the Case:

Florentino Abilong was a convicted under attempted robbery case and sentenced by municipal court of
“destierro” (no enter in Manila within 100km) to serve for 2 years, 4 months , and 1 day. He was
reported to UNLAWFUL EVASION OF SERVICE by going BEYOND LIMITS and sentenced according to
Article 157 of the Revised Penal Code as prision correccional penalty. The Counsel contends that the
evasion of service in Article 157 of the Revised Penal Code is those who are ESCAPING IN PRISON and
EVASION OF SERVICE FROM THE OUTSIDE OF THE PRISON.

Issue:

Whether or not Abilong has a criminal liability

Whether or not the evasion of service that the accused did was covered by PENALTY OF PRISION
CORRECCIONAL

Ruling:

Yes, Abilong has a criminal liability

The accused pleaded guilty of the evasion of service

The Revised Penal Code came from Spanish text that “IMPRISONMENT” that is could subject to
legislation in Article 157 of the Revised Penal Code.

Destierro is NOT CONSTITUTING IMPRISONMENT, it is a PARTIAL DEPRIVATION OF LIBERTY in a certain

place.

Decision:

Municipal court sentenced the accused of PRISION CORRECCIONAL

Solicitor General and Supreme court agreed that IMPRISONMENT used in English text is WRONG OR
ERRONEOUS of the phrase “SUFRIENDO PRIVACION DE LIBERTAD (deprivation of liberty)”. NO REVERSE
IN DECISION