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University of The Philippines College of Law

1) Eligio Orbita is being prosecuted for allowing the escape of prisoner Pablo Denaque from jail custody. During trial, the defense sought to also charge Governor Cledera and jail assistant Jose Esmeralda for their involvement. 2) The court found there was insufficient evidence that Cledera and Esmeralda committed a crime related to Denaque's escape. The note asking for workers did not mention prisoners. It was Orbita who selected Denaque for the work detail. 3) As the top jail officials, Cledera and Esmeralda could only be charged under different statutes requiring consent or negligence leading to escape. But the court found no evidence they conn

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91 views3 pages

University of The Philippines College of Law

1) Eligio Orbita is being prosecuted for allowing the escape of prisoner Pablo Denaque from jail custody. During trial, the defense sought to also charge Governor Cledera and jail assistant Jose Esmeralda for their involvement. 2) The court found there was insufficient evidence that Cledera and Esmeralda committed a crime related to Denaque's escape. The note asking for workers did not mention prisoners. It was Orbita who selected Denaque for the work detail. 3) As the top jail officials, Cledera and Esmeralda could only be charged under different statutes requiring consent or negligence leading to escape. But the court found no evidence they conn

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SophiaFrancescaEspinosa
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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University of the Philippines College of Law

Topic Delivering Prisoners From Jails


Case Name EDMUNDO S. ALBERTO, Provincial Fiscal and BONIFACIO C. INTIA 1st Asst.
Provincial Fiscal, both of Camarines Sur, vs. JUDGE DE LA CRUZ, and
ELIGIO ORBITA
Ponente CONCEPCION, J.:

RELEVANT FACTS

Eligio Orbita, a Provincial guard, is being prosecuted for the crime of Infedelity in the Custody of
Prisoner under Article 224 RPC. During the cross-examination of prosecution witness Jose Esmeralda,
assistant provincial warden, the defense confronted him with a note purportedly written by Gov.
Cledera, asking Jose Esmeralda to send five men to work in the construction of a fence at his
house at Taculod, Canaman, Camarines Sur. Beleiving that the escape of Pablo Denaque was made
possible by the note of Gov. Cledera to Jose Esmeralda and that Cledera and Esmeralda are equally
guilty of the offense, the defense cousel filed a motion in court seeking the amendment of the
information so as to include Gov. cledera and Jose Esmeralda as defendants therein.

ISSUE AND RATIO DECIDENDI

Issue Ratio
W/N there is sufficient NONE. The order to amend the information is based upon the following facts: 
evidence to show a
prima facie case 1. Pablo Denaque, a detention prisoner for homicide, while working at
against Gov. Cledera the Guest House of Governor Cledera
and Jose Esmeralda? 2. The Governor's residence at that time is being rented by the province
and its upkeep is shouldered by the province
3. That neither Governor Cledera nor Lt. Jose Esmeralda was charged
or entrusted with the duty of conveying and the detainee from the jail to
the residence of the governor.
4. That the de worked at the Governor Is by virtue of an order of the
Governor which was tsn by Lt. Esmeralda; and 
5. That it was the accused Orbita who himself who handpicked the
group of Prisoners to work at the Governor's on 12, 1968. 

Article 156 of the Revised Penal Code provides: 

Art. 156. Delivering prisoners from jails. - The city Of arresto mayor in


its maximum period to prison correccional in its minimum Period shall
be imposed upon any person who shall remove from any jail or penal
establishment t any person confined therein or shall help the escape of
such person, by means of violence, intimidation, or bribery.

If other means are used the penalty of arresto mayor shall be imposed.


If the escape of the prisoner shall take place outside of said
establishments by taking the guards by surprise, the same penalties
shall be imposed in their minimum period. 

The offenders may be committed in two ways:

(1) by removing a person confined in any jail or penal establishment;


and
(2) by helping such a person to escape.
University of the Philippines College of Law

To remove means to take away a person from the place of his confinement,
with or without the active compensation of the person released.

To help in the escape of a Person confined in any jail or penal institution means
to furnished that person with the material means such as a file, ladder,
rope, etc. which greatly facilitate his escape. The offenders under this article is
usually committed by an outsider who removes from jail any person therein
confined or helps him escape.

If the offender is a public officer who has custody or charge of the prisoner, he
is liable for infidelity in the custody of prisoner defined and penalty under Article
223 RPC.

Since Gov. Cledera as governor, is the jailer of the province, and Jose


Esmeralda is the assistant provincial warden, they cannot be prosecuted for the
escape Of Pablo Denaque under Article 156 RPC. There is likewise no
sufficient evidence to warrant their prosecution under Article 223 of the Revised
Penal Code, which reads, as follows: 

ART. 223. Conniving with or consenting to evasion. - Any Public officer


who shall consent to the escape of a prisoner in his custody or charge,
shall be punished:

1. By prision correccional in its medium and maximum periods and


temporary disqualification in its minimum period to perpetual special
disqualification, if the fugitive shall have been sentenced by final
judgment to any penalty.

2. By prision correccional in its minimum period and temporary special


disqualification, in case the fugitive shall not have been finally convicted
but only held as a detention prisoner for any crime or violation of law or
municipal ordinance. 

In order to be guilty thereunder, the public officer must have consented to, or
connived in, the escape of the prisoner under his custody or charge.
Connivance in the escape of a prisoner on the part of the person in charge is
an essential condition in the commission of the crime of faithlessness in the
custody of the prisoner.

No connivance in the escape of Denaque from the custody of Orbita can be


deduced from the note of Gov. Cledera to Jose Esmeralda asking for five men
to work in the guest house, it appearing that the notes does not mention the
names of the prisoners to be brought to the guest house; and that it was
Orbita who picked the men to compose the work party.

Neither is there evidence to warrant the prosecution of Cledera and Esmeralda


under Article 224 RPC. This article punishes the public officer in whose custody
or charge a prisoner has escaped by reason of his negligence resulting in
evasion is definite amounting to deliberate non- performance of duty. In the
instant case, the respondent Judge said:
University of the Philippines College of Law

We cannot… be reconciled with the Idea that the escape…was


facilitated by the Governor's or . his assistants negligence. According to
law, if there is any negligence committed it must be the officer who is
charged with the custody and guarding of the …

RULING

WHEREFORE, the orders issued on January 26, and February 18, 1970 in Criminal Case No. 9414 of
the Court of First Instance of Camarines Sur, entitled: "The People of the Philippines, plaintiff, versus
Eligio Orbita, accused are hereby annulled and set aside. The respondent Judge or any other judge
acting in his stead is directed to proceed with the trial of the case. Without costs.

SO ORDERED.

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