On
Evasion of Service of Sentence

ART.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.

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.

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

NOTES:

This is a continuing offense.

This article does not apply to minor delinquents, detention prisoners, or deportees.

If the offender escaped within the 15-day appeal period, crime is not evasion because judgment is not yet final.

Circumstances qualifying the offense:
Evasion of Sentence was done through:
   - unlawful entry (by “scaling”);
   - breaking doors, windows, gates, walls, roofs or floors;
   - using pick locks, false keys, disguise, deceit, violence or intimidation; or
   - connivance with other convicts or employees of the penal institution.

Evasion of service of sentence has three forms:
(1)By simply leaving or escaping from the penal establishment under Article 157;
(2)Failure to return within 48 hours after having left the penal establishment because of a calamity, conflagration or mutiny and such calamity, conflagration or mutiny has been announced as already passed under Article 158;
(3)Violating the condition of conditional pardon under Article 159.

In leaving or escaping from jail or prison, that the prisoner immediately returned is immaterial. It may be mitigating, but it will not absolve his criminal liability.

Bar Exam Question (1998)

Art 157; Evasion of Service of Sentence (1998)

Manny killed his wife under exceptional circumstances and was sentenced by the Regional Trial Court of Dagupan City to suffer the penalty of destierro during which he was not to enter the city. While serving sentence, Manny went to Dagupan City to visit his mother. Later, he was arrested in Manila.

1. Did Manny commit any crime? 
2. If so, where should he be prosecuted? 

Suggested Answer:

1. Yes. Manny committed the crime of evasion of service of sentence when he went to Dagupan City, which he was prohibited from entering under his sentence of destierro.

A sentence imposing the penalty of destierro is evaded when the convict enters any of the place/places he is prohibited from entering under the sentence or come within the prohibited radius. Although destierro does not involve imprisonment, it is nonetheless a deprivation of liberty. (People vs. Abilong. 82 Phil. 172).

2. Manny may be prosecuted in Dagupan City or in Manila where he was arrested. This is so because evasion of service of sentence is a continuing offense, as the convict is a fugitive from justice in such case. (Parulan vs. Dir. of Prisons, L-28519, 17 Feb. 1968)