Case Summary (G.R. No. 115455)
Background of the Case
In Criminal Case No. 462935-CR, PO2 Arthur Pineda was charged with Conniving with or Consenting to Evasion after a detention prisoner he was guarding escaped while on hospital arrest. The charge stemmed from an incident on July 30, 2010, where it was alleged that Pineda left his post for an excessive period, allowing the prisoner, Marcelino Nicolas, to abscond.
Prosecution's Case
The prosecution presented evidence, including testimony from Alicia Go Tan, the head nurse at the Metropolitan Medical Center. She confirmed that during her shift, the prisoner was stable but unsupervised due to Pineda's absence. The records indicated that Pineda left his post without being relieved, thus enabling the escape.
Defense's Argument
Pineda defended himself by asserting he was only temporarily away for a lunch break and to assist in a robbery incident. He claimed no intent or connivance existed regarding the prisoner's escape. His testimony was corroborated by other officers present.
Lower Court's Decisions
The Metropolitan Trial Court found Pineda guilty under Article 223, sentencing him to imprisonment and imposing a temporary special disqualification. On appeal, the Regional Trial Court modified the conviction to Evasion through Negligence under Article 224, stating that petitioner acted negligently by leaving his post.
Court of Appeals Ruling
The Court of Appeals upheld the conviction, agreeing that the Information indicated a violation of Article 224 rather than Article 223. It confirmed that Pineda's negligence was evident in failing to maintain custody of the prisoner.
Petitioner's Arguments to the Supreme Court
Pineda's petition contested the validity of the Information filed, asserting it lacked proper notice of the charges and that the shift in legal theory from conniving to negligence violated his rights. He argued that even if guilty, the penalty imposed was excessive and should correlate directly to a proven infraction.
Ruling of the Supreme Court
The Supreme Court determined that the Information was validly filed and adequately informed Pineda of the charges against him. Howeve
...continue readingCase Syllabus (G.R. No. 115455)
Case Background and Criminal Charges
- Petitioner Police Officer 2 Arthur M. Pineda was charged before the Metropolitan Trial Court, City of Manila, for "Conniving with or Consenting to Evasion" of a detention prisoner.
- The prisoner, Marcelino Nicolas, was confined at Metropolitan Medical Center under hospital arrest while facing a murder charge.
- The charge alleged that petitioner, while in custody of Nicolas, left his assignment without proper relief, allowing Nicolas to escape.
- Petitioner pleaded not guilty.
Factual Accounts and Testimonies
- Nurse Alicia Go Tan testified that she was on duty during the incident and that Nicolas absconded when petitioner left his post for approximately 2.5 hours.
- She did not see petitioner return after Nicolas’s escape.
- Petitioner testified he was ordered to guard Nicolas only on the incident day and left his post upon permission from hospital security to respond to a robbery incident outside the hospital.
- Petitioner claimed he lacked communication tools and requested police backup after the escape was discovered.
- Petitioner’s claim was corroborated by other police officers and a Punong Barangay present during the events.
Trial Court Decision and Sentencing
- The Metropolitan Trial Court found petitioner guilty beyond reasonable doubt of the crime of "conniving with or consenting to evasion," penalized under Article 223 of the Revised Penal Code.
- It sentenced him to an indeterminate penalty of four months and one day of arresto mayor to one year, one month, and eleven days of prision correccional plus an eight-year, one-day temporary special disqualification.
- The court emphasized that petitioner was a public officer in charge of a prisoner who escaped after petitioner left without proper relief, constituting infidelity.
Regional Trial Court Ruling
- The Regional Trial Court affirmed petitioner’s conviction but reclassified the crime as "Evasion through Negligence" under Article 224 of the Revised Penal Code.
- It ruled that petitioner’s act of leaving the post without relief constituted negligence allowing the escape.
- Sentencing included an indeterminate penalty of three months of arresto mayor to one year and two months of prision correccional and temporary special dis