Caranguianpangancase.docx

Caranguian, Albert S. BENJAMIN PANGAN vs. HON. LOURDES F. GATBALITE ET AL G.R. No. 141718 January 21, 2005 AZCUNA, J. FACTS: Petitioner Benjamin Pangan was found guilty of simple seduction, when his counsel submitted the case for a decision without offering any evidence due to his constant absence during the hearing. Petitioner was then apprehended and detained at the Mabalacat Detention Cell at the order of the trial court. Later, petitioner filed for a Petition for Writ of Habeas Corpus, contending that his arrest was illegal and unjustified on the ground that his penalty has prescribed after five years and that having been able to continuously evade service of sentence for almost nine years, his criminal liability has long been totally extinguished. The trial court then denied the said petition. ISSUE: Whether or not Article 93 of the Revised Penal Code shall apply in the case at bar RULING: No. Article 93 of the Revised Penal Code provides when the prescription period of penalties shall commence to run. It shall commence to run from the date the felon evades the service of his sentence. Pursuant to Article 157 of the same Code, evasion of service of sentence can be committed only by those who have been convicted by final judgment by escaping during the term of his sentence. Since petitioner never suffered deprivation of liberty before his arrest, and as a consequence never evaded sentence by escaping during the term of his service, the period of prescription never began. However, by this time, petitioner has fully served his sentence and should be released unless he is detained for another offense or charge.