Case Digest (G.R. No. 72119) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In The People of the Philippines vs. Florentino Abilong, G.R. No. L-1960 (November 26, 1948), the Court of First Instance of Manila charged Florentino Abilong under Article 157 of the Revised Penal Code for evading a sentence of destierro. By final judgment of the Municipal Court (Criminal Case No. B-4795, April 5, 1946), Abilong was convicted of attempted robbery and sentenced to two years, four months, and one day of banishment from any place within a 100-kilometer radius of Manila. On or about September 17, 1947, he wilfully entered the forbidden area, thereby violating the terms of his destierro and committing vagrancy. Upon arraignment he pleaded guilty and the trial court sentenced him to two years, four months, and one day of prision correccional, with legal accessory penalties and costs. Abilong appealed, contending that Article 157 applies Case Digest (G.R. No. 72119) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Procedural Background
- On September 17, 1947, Florentino Abilong, then under a final judgment dated April 5, 1946 (Municipal Court Crim. Case No. B-4795), was serving a sentence of two years, four months, and one day of destierro, prohibiting his entry within 100 kilometers of Manila.
- He was charged in the Court of First Instance of Manila with evasion of service of sentence, pleaded guilty upon arraignment, and was sentenced to two years, four months, and one day of prision correccional with accessory penalties and costs.
- Assignment of Error and Contentions
- Appellant’s Claim: Article 157 of the Revised Penal Code applies only to convicts imprisoned in penal institutions; destierro is not “imprisonment” and thus not covered.
- Government’s Position: The Spanish text of Article 157 controls over the English translation; “sufriendo privación de libertad” (deprivation of liberty) includes destierro. Cited precedents: People v. Manaba (58 Phil. 665), People v. Samonte (57 Phil. 968), and People v. Jose de Jesus (80 Phil. 746).
Issues:
- Does the Spanish phrase “sufriendo privación de libertad” in Article 157 of the Revised Penal Code include a sentence of destierro?
- Is evasion of destierro punishable under Article 157 of the Revised Penal Code?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)