Evasion of service of sentence, Revised Penal Code

1. Concept

Article 157. Evasion of service of sentence. – The penalty of prision correccional in its medium and maximum periods shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment.
However, if such evasion or escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance with other convicts or employees of the penal institution, the penalty shall be prision correccional in its maximum period. (Act No. 3815, Revised Penal Code)

2. Mode of commission

Elements of the offense:

1) The offender is a convict; and

2) He evades service of his sentence by escaping during the term of his imprisonment by reason of final judgment.

References

Title 3 – Crimes Against Public Order, Book 2, Revised Penal Code

Content Details

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected. Please refer to our full Disclaimer.

For updates: If the legal provisions being discussed have been amended or repealed by legislation or has been the subject of a Supreme Court decision which may have impacted how it is interpreted, do let us know so we can consider for the next update. Reach out via our Contact Us

Related Content

Videos & Podcasts

Legal Maxims

renuntiatio non praesumitur

Latin maxim. • “A waiver of rights is not presumed.” (ACD Investigation Security Agency, Inc. v. Daquera, G.R. No. 147473, March 30, 2004, cited in

legis non est recedendum

Latin maxim. • “from the words of a statute there should be no departure” (Bolos v. Bolos, G.R. No. 186400, October 20, 2010)

distingue tempora et concordabis jura

Latin maxim. • “Distinguish times and you will harmonize laws.” (Commissioner of Customs v. Superior Gas and Equipment Co., En Banc, G.R. No. L-14115, May

suggestio falsi est suppressio

Latin maxim. • “suggestion of falsity is suppression” (Google Translate; See Firestone Filipinas Employees Association v. Firestone Rubber and Rubber Company of the Philippines, G.R.

See more

Law Content