Title
IN RE: Lagran
Case
G.R. No. 147270
Decision Date
Aug 15, 2001
Petitioner Lagran's request for immediate release is denied by the Supreme Court, ruling that he must serve his prison terms successively as stated in Article 70 of the Revised Penal Code.
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Case Digest (G.R. No. 147270)

Facts:

  • Pete C. Lagran filed a habeas corpus petition against a Supreme Court ruling.
  • On April 18, 1994, he was convicted by the Regional Trial Court of Quezon City for three counts of violating Batas Pambansa (BP) Blg. 22 (bouncing checks).
  • Lagran received a one-year imprisonment sentence for each count, along with a fine of P125,000.00, and a provision for subsidiary imprisonment if he was insolvent.
  • His appeal to the Court of Appeals was dismissed on July 11, 1997, due to failure to file the appellant's brief.
  • The decision became final and executory on August 6, 1997, with the entry of judgment on March 5, 1998.
  • Lagran was committed to Quezon City Jail on February 24, 1999, and later transferred to New Bilibid Prison on April 3, 1999.
  • On March 19, 2001, he filed a habeas corpus petition, claiming he had completed his sentence.
  • He argued that under Article 70 of the Revised Penal Code, identical penalties from one court and one complaint should be served simultaneously.
  • Lagran stated he had been incarcerated for two years and four days as of February 28, 2001.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court dismissed Pete C. Lagran's petition for habeas corpus.
  • The Court determined that Lagran had not completed his sentence, as he began serving it on February 24, 1999.
  • The nature...(Unlock)

Ratio:

  • The ruling was based on the interpretation of Article 70 of the Revised Penal Code, which allows simultaneous service of penalties only if the nature of the penalties permits it.
  • Lagran was sentenced ...continue reading

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