Title
People vs. Tan
Case
G.R. No. L-21805
Decision Date
Feb 25, 1967
Fidel Tan, convicted and prematurely released by a provincial warden, was ordered re-arrest by the Supreme Court to serve the unserved portion of his sentence, as the warden lacked authority to grant good conduct time allowance.

Case Summary (G.R. No. L-21805)

Relevant Facts

Fidel Tan was initially sentenced to an indeterminate prison term ranging from two years and four months to four years and two months, alongside accessory penalties and indemnification to the victim's heirs. After his appeal was dismissed in 1958, he was committed to prison on March 2, 1959. However, instead of being transferred to the national penitentiary, he remained at the provincial jail, where the provincial warden credited him with good conduct time allowance. Subsequently, Tan was released on November 23, 1961, after serving two years, eight months, and twenty-one days.

Motion for Re-Arrest

On September 6, 1962, the provincial fiscal filed a motion for Tan's re-arrest, contending that the warden lacked the authority to release him early. The court required the warden to justify his actions, leading to an explanation that included claims regarding prison congestion and Tan's medical conditions. However, these justifications were deemed insufficient.

Court's Analysis of the Warden's Actions

The Supreme Court found the warden's rationalizations for not transferring Tan to the national penitentiary unconvincing. The court underscored that maintaining insular prisoners within provincial facilities, without proper authorization, could lead to discrepancies in prisoner treatment and allow for potential abuses. It further clarified that the authority to credit good conduct time allowance lies exclusively with the Director of Prisons, making the warden's actions improper.

Computation of Sentence and Good Conduct Allowance

The court detailed the proper computation of good conduct time allowance, which Tan may be entitled to, amounting to a total of 184 days (or six months and four days). The court emphasized that Tan had not served his full sentence, determining there remained an unserved portion of 11 months and 5 days. The initial judgment of the trial court was found to be flawed because it suggested a loss of jurisdiction over the execution of the sentence.

Jurisdiction and Due Process Considerations

The lower court's claims of losing jurisdiction over the incarceration post-commitment were challenged. The Supreme Court asserted that the commitment to jail did not terminate the court's oversight of the execution of its judgment. Furthermore, the court clarified that Tan's re-arrest would not violate the principle of double jeopardy; rather

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