Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Zamboanga City

PSSG JULENEL JAINUDDIN LAJA NPS DOCKET No. IX-INV-21H-

and SAMIER AINADE HAYUDINI, 00387
Complainant,
-for-
-versus-
EVASION OF SERVICE OF
___________________________ SENTENCE PENALIZED
Respondent. UNDER ARTICLE 157 OF THE
x-----------------------------------x REVISED PENAL CODE AND
VIOLATION OF R.A. 11332

RESOLUTION

For resolution is the complaint for Evasion of Service of Sentence

penalized under Article 157 of the Revised Penal Code and for Violation of R.A.
11332 against Respondent ___________________________. Pursuant to Section 9
(a), Rule 112 of the Revised Rules on Criminal Procedure, as amended, this
complaint will be resolved solely based on the evidence submitted on record.

From the evidence on record, On August 4, 2021, the Zamboanga City

Police Station 8, Sinunuc, with the ZCPO swabbing team, conducted RT-PCR
COVID 19 test for Twenty-Three (23) Persons under Police Custody (PUPC),
including herein Respondent, as a requirement for their commitment in the
Bureau of Jail Management and Penology (BJMP). On August 5, 2021, three
(3) PUPCs, including Respondent, tested positive for COVID-19 as evinced by
the Laboratory Test Result issued by the Zamboanga City Medical Center.
Thus, as part of health and sanitary protocol, the PUPCs, including
Respondent, were required to undergo 14 days isolation before their
commitment to the BJMP. Respondent was required to undergo quarantine at
Sinunuc Closed Gymnasium beside the Sinunuc Police Station from August 5,
2021 to August 18, 2021, as shown in the Certification dated August 13,
2021.

On August 10, 2021 at 9:20 p.m., PSSG Julenel Jainuddin Laja visited
the isolation facility where the PUPCs who were tested positive were isolated.
Then, he heard from one of the PUPC shouting that Respondent was able to
remove his handcuff from the connecting chain and escaped the isolation
facility. PSSG Julenel Jainuddin Laja asked the other PUPCs and it was
relayed to him that Respondent always talks to his daughter who was living in
Cawit, Zamboanga City and that Respondent wanted to see her. PSSG Julenel
Jainuddin Laja immediately informed PLT Faisal Hasan Andas that
Respondent has a residence in Zone 2, Cawit, Zamboanga City. PAT Samier
Ainade heard the report that Respondent escaped from the isolation facility.
The Alert Teams and Intel Operatives, including PAT Samier Ainade, patrolled
the places where Respondent could have hide. They went to seek the
assistance of Chairman Serbelio Beyong T Molina of Cawit, Zamboanga City
and shown him the picture of Respondent. Barangay Chairman Molina
together with the tanods and the police officers went to the residence of
Respondent. Upon arrival, an elderly man opened the gate and approached the
team. One of the tanods who was securing the perimeter alerted the team that
there was a person inside the residence showing intent to evade. The elderly
man was asked and he pointed to the door which was opened. There, they saw
Respondent. He was asked to take a seat and was handcuffed. At 11:30 of the
same day, PLT Faisal Hasan Andas informed PSSG Julenel Jainuddin Laja
that Respondent was recaptured in his residence at Zone 2, Cawit,
Zamboanga City.

One of the complaints filed was Evasion of Service of Sentence penalized

under Article 157 of the Revised Penal Code, which provides:

Article 157. Evasion of service of sentence. - The penalty of

prision correccional in its medium and maximum periods shall be
imposed upon any convict who shall evade service of his sentence
by escaping during the term of his imprisonment by reason of
final judgment.

In this complaint, there is no evidence that Respondent was convicted

by a final judgment that his escape from isolation would construe as evasion
of service of sentence. Thus, Respondent cannot be indicted for evading
service of sentence as penalized in Article 157 of the Revised Penal Code.

Nonetheless, the undersigned prosecutor finds probable cause to indict

Respondent for violation of Section 9 (e) of Republic Act No. 11332, which
provides:

Section 9. Prohibited Acts. -The following shall be prohibited under this

Act:

xxx

(e) Non-cooperation of the person or entities identified as having the

notifiable disease, or affected by the health event of public concern.

xxx

COVID-19 was included in the List of Notifiable Diseases for mandatory

reporting to the Department of Health per DOH Administrative Order No.
2020-2012. Respondent who was found to be positive for COVID-19 was
required to undergo 14-day quarantine in an isolation facility together with
other positive PUPCs as it is one of the required health and safety protocols to
reduce the spread of COVID-19. However, during the required period to
quarantine, Respondent escaped from the isolation facility posing a significant
risk of substantial harm to a large number of people in the affected population
by exposing others to be infected with COVID-19.
 WHEREFORE, premises considered, it is most respectfully
recommended that, Violation of Section 9 (e) of R.A. No. 11332, and the
corresponding Information thereof be approved and filed before the Municipal
Trial Court in Zamboanga City. Bail for the provisional liberty of Respondent is
not required.

City of Zamboanga, Philippines. August 25, 2021.

 Republic of the Philippines
MUNICIPAL TRIAL COURTS IN CITIES
Ninth Judicial Region
Branch _______
Zamboanga City

THE PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO. ________

Plaintiff,
-versus- -for-

___________________- , VIOLATION OF SECTION 9 (e) of

Accused. REPUBLIC ACT NO. 11332
x---------------------------------------x

INFORMATION

The undersigned Prosecution Attorney of Zamboanga, hereby accuses

___________________, of the crime of VIOLATION OF SECTION 9 (e) of R.A.
NO. 1133, committed as follows:

That on August 10, 2021, in the City of Zamboanga,

Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused, who was tested positive for Coronavirus
Disease 2019 (COVID-19), a notifiable disease per DOH Administrative
Order No. 2020-2012, was required to undergo quarantine from
August 5 to 18, 2021, did then and there willfully, unlawfully and
feloniously, escaped from the isolation facility at Sinunuc Closed
Gymnasium beside the Sinunuc Police Station, by removing his
handcuff and went to his residence in Zone 2, Cawit, this City, despite
knowledge of his required cooperation to undergo quarantine within
the said period, thereby posing a significant risk of substantial harm
to other people in the affected population by exposing others to be
infected with COVID-19.

CONTRARY TO LAW.

Zamboanga City, Philippines, August 25, 2021.

-CERTIFICATION-
I HEREBY CERTIFY, under oath, that on the basis of the sworn statements and other
evidence submitted before me, there is reasonable ground to believe that the offense charged
has been committed and that the accused is probably guilty thereof; and this case is filed
pursuant to Section 9 of Rule 112 of the Rules of Court.

SUBSCRIBED AND SWORN to before me this 25 th day of October 2021 at Zamboanga

City

Witnesses:
PSSG Julenel Jainuddin Laja
Police Station 8, Sinunuc, Zamboanga City
and others

BAILBOND: BAIL NOT REQUIRED