Article 158-Evasion of Service of Sentence on the occasion of disorders, conflagrations, earthquakes or other calamities

Question 1

What are the elements of 158?

Answer 1

1. That the offender is a convict by final judgment, who is confined in a penal institution
2. That there is disorder, resulting from:
   a. conflagration
   b. earthquake
   c. explosion
   d. similar catastrophe
   e. mutiny in which he has not participated
3. That the offender evades the service of sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny
4. That the offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.

Question 2

What is the liability of the offender if he fails to give himself up

Answer 2

He shall suffer an increase of 1/5th of the time still remaining to be served under the original sentence not to exceed six months

Question 3

What is the reward is the offender gives himself up?

Answer 3

He is entitled to a deduction of 1/5th of the period of his sentence

Question 4

How is mutiny contemplated in this article?

Answer 4

Mutiny implies an organized unlawful resistance to a superior officer, a sedition or a revolt