Prescription of Penalties: Why Actual Imprisonment Matters in Philippine Law

In a 2002 ruling, the Supreme Court settled an important question about the prescription of penalties: when does the clock start running on a convict's unserved sentence? The answer, the Court said, is not when a convict simply fails to appear for execution of judgment, but only when the convict has actually been imprisoned and then escapes. This distinction, rooted in the Revised Penal Code, has significant implications for fugitives who hope to outlast their sentences by simply staying hidden.

The Case of Del Castillo

The petitioner, Jovendo Del Castillo, was charged in 1983 with violating a provision of the 1978 Election Code for disrupting a barangay election count in Camarines Sur. He was convicted and sentenced to an indeterminate penalty of one to three years' imprisonment. After appeals failed, the judgment became final and executory, and execution was scheduled for October 14, 1987.

Del Castillo never appeared. A warrant of arrest was issued, but he remained at large for ten years. In 1997, he filed a motion to quash the warrant, arguing that his penalty had already prescribed. Both the trial court and the Court of Appeals denied his motion, prompting him to elevate the case to the Supreme Court.

The Issue: When Does Prescription of Penalty Begin?

The central question was the interpretation of the Revised Penal Code provision on the computation of prescription of penalties, which states that the period shall commence to run from the date when the culprit should evade the service of his sentence. Del Castillo argued that he evaded service of his sentence the moment he failed to appear for execution, so the ten-year prescriptive period for correctional penalties should have run from that date.

The Court disagreed. It read this provision in relation to the article on evasion of service of sentence, which defines evasion as an act committed by a convict who has been detained or imprisoned and then escapes. As the Court explained, "escape" in legal parlance means the unlawful departure of a prisoner from the limits of his custody. A person who has never been committed to prison cannot be said to have escaped from it.

The Ruling: No Imprisonment, No Prescription

The Supreme Court upheld the Court of Appeals' ruling, citing the earlier case of Tanega v. Masakayan (19 SCRA 564 [1967]). The Court held that for prescription of a penalty to begin running, the convict must have actually been serving the sentence and then escaped during its term. Since Del Castillo was never brought to prison—he went into hiding even before execution of judgment—the prescriptive period never started to run in his favor.

The Court was unsympathetic to his plea for compassion, noting that he chose to become a fugitive rather than answer for his wrongdoing. "The Court accords compassion only to those who are deserving," it stated. His guilt was proven beyond reasonable doubt, and he was not to be rewarded for evading justice.

Practical Takeaways

• Prescription of penalties is not a statute of limitations on conviction. It applies only to the execution of a sentence, and it does not begin until the convict is actually imprisoned and then escapes.
• Fleeing before imprisonment does not start the clock. A convict who goes into hiding before execution of judgment cannot claim prescription, because he never "escaped" within the meaning of the law.
• The Revised Penal Code applies suppletorily to special laws. Since the 1978 Election Code did not provide for prescription of penalties, the Court applied the RPC's provisions, which is standard practice for special penal laws.
• The prescriptive period depends on the penalty imposed. Correctional penalties prescribe in ten years, afflictive penalties in fifteen, and light penalties in one year, per the RPC's provisions on when and how penalties prescribe.
• Prescription is interrupted by certain events. The prescriptive period is interrupted if the convict gives himself up, is captured, goes to a country with no extradition treaty, or commits another crime.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.