Title
Parulan vs. Director of Prisons
Case
G.R. No. L-28519
Decision Date
Feb 17, 1968
Ricardo Parulan, serving a commuted sentence, escaped confinement, was recaptured, and prosecuted for evasion of service of sentence. The Supreme Court upheld jurisdiction, ruling evasion as a continuing crime, denying his habeas corpus petition.

Case Summary (G.R. No. L-28519)

Background and Facts

Ricardo Parulan was originally serving a life sentence at Muntinglupa Penitentiary, which was commuted to twenty years by the President of the Philippines. In October 1964, Parulan was transferred to the military barracks at Fort Bonifacio, Makati, Rizal, under the custody of the Stockade Officer. During this time, he escaped from custody but was recaptured in Manila. Subsequently, Parulan was charged with and convicted by the Court of First Instance of Manila for evasion of service of sentence under Article 157 of the Revised Penal Code. He was sentenced on August 3, 1966.

Legal Issue

The core issue raised by the petition is whether the Court of First Instance of Manila had jurisdiction over the crime of evasion of service of sentence committed by Parulan, particularly whether the court lawfully tried the case and imposed the sentence.

Applicable Law and Jurisdiction

Under Section 14, Rule 110 of the Revised Rules of Court, criminal actions must be instituted and tried in the court with jurisdiction over the place where the offense or any essential element of it occurred. The Court distinguished between two categories of crimes:

  • Transitory or continuing offenses - where essential acts occur in different places, allowing jurisdiction in any place where the crime took place. Examples include estafa and abduction.
  • Continuing offenses by nature - where the violation is persistent over time and place. Examples include kidnapping, illegal detention, and libel distributed in multiple locations.

Analysis of Evasion of Service of Sentence as a Continuing Offense

The Court placed evasion of service of sentence within this latter category of continuing offenses. It reasoned that an escaped prisoner’s offense is not fully consummated upon escape; as long as the prisoner continues to evade service by moving from place to place, the crime endures as a continuous act. This continuity allows the state to arrest the escapee without a warrant at any place where he is found, pursuant to Section 6(c), Rule 113 of the Revised Rules of Court.

The Court cited legal precedents and doctrine to support this concept that the crime of evasion consists of a continuous series of acts motivated by a single impulse. Hence, the Court of First Instance of Manila had proper jurisdiction since the continuing offense extended to Manila, where the petitioner was recaptured.

Conclusion

The writ of habeas corpus was denied. The Court held that the conviction and sentence for evasion of service of sentence were valid, as


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