CRIM22024 sixth meet

Question 1

Article 157. Evasion of service of sentence.

Answer 1

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.

However, if such evasion or escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance with other convicts or employees of the penal institution, the penalty shall be prision correccional in its maximum period.

Question 2

Article 157. Evasion of service of sentence. Elements:

Answer 2

1. That the offender is a convict by final judgment.
2. That he is serving his sentence which consists in deprivation of
   liberty.
3. That he evades the service of his sentence by escaping during the term
   of his sentence. (during the term of his sentence)

Question 3

Article 157. Circumstances qualifying the offense.
If such evasion or escape takes place

Answer 3

1. By means of unlawful entry (this should be “by scaling”);
2. By breaking doors, windows, gates, walls, roofs or floors;
3. By using picklocks, false keys, disguise, deceit, violence or
   intimidation; or
4. Through connivance with other convicts or employees of the
   penal institution.

Question 4

Article 157“Unlawful entry.”

Answer 4

The Spanish text uses the word “escalamiento.” Thus, the crime is
qualified if committed by climbing or scaling the wall.

Question 5

Article 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities.

Answer 5

A convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated, shall suffer an increase of one-fifth of the time still remaining to be served under the original sentence, which in no case shall exceed six months, if he shall fail to give himself up to the authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.

Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves up to the authorities within the above mentioned period of 48 hours, shall be entitled to the deduction provided in Article 98.

Question 6

Article 158. (Elements)

The offender must be a convict by final judgment.
Although Art. 158 is silent, it is required that the convict must be one
by final judgment, because only a convict by final judgment can “evade the
service of his sentence.”

Answer 6

Elements:
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, or
e. mutiny in which he has not participated.
3. That the offender evades the service of his 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 7

Article 158. If the offender fails to give himself up and if the offender gives himself up

Answer 7

If the offender fails to give himself up, he gets an increased
penalty.
(The penalty is that the accused shall suffer an increase of 1/5 of the
time still remaining to be served under the original sentence, not to exceed
six (6) months.)

If the offender gives himself up he is entitled to a deduction of 1/5
of his sentence.
(If he gives himself up to the authorities within 48 hours, he shall be
entitled to 1/5 deduction of the period of his sentence. (Art. 98)

Question 8

Article 158. “Mutiny”

Answer 8

“Mutiny” in this article implies an organized unlawful resistance to
a superior officer; a sedition; a revolt.
Mutiny implies an organized unlawful resistance to a superior officer;
a sedition; a revolt. (People vs. Padilla, C.A., 46 O.G. 2151)
Thus, there is no mutiny if the prisoners disarmed the guards and
escaped, because the guards are not their superior officers.

In such case, the prisoners who surrendered to a barrio lieutenant and then to the police
authorities, after slipping away from the escapists, are not entitled to a
reduction of 1/5 of their original sentence.
Such prisoners could be held liable under Art. 157 for evasion of
service of sentence.

In the case of People vs. Padilla, supra, the accused was not held liable
for evasion of service of sentence under Art. 157, because he acted under the
influence of uncontrollable fear of an equal or greater injury, the escapists
having threatened to shoot at whoever remained in the jail.