Dear Atty. Angela,

In September 2010, my uncle was found guilty by the Regional Trial Court for the crime of qualified theft in defrauding the company of almost P600,000 where he was sentenced to reclusion perpetua or at least 30 years in prison. The Court of Appeals affirmed the conviction and upon appeal to the Supreme Court, it also found my uncle guilty for said crime but it reconsidered the penalty imposed after considering the amount stolen, the maximum imprisonment was reduced to 10 years. Since my uncle has served 14 years of jail time, can he already be released from prison?

Edwin

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Dear Edwin,

Yes, your uncle has already served the imposable penalty and his immediate release from detention should be ordered due to service of sentence.

Under Article 89, paragraph 2 of the RPC, criminal liability is extinguished by service of the sentence. Your uncle has been detained since September 2010, or for 14 years. As the maximum penalty for his crime is only 10 years, he had already been detained beyond the maximum imposable penalty.

In the case of People v. Ruby Agustin and Jovelyn Antonio, G.R. 223107 (2023), the Supreme Court emphasized that the power of the courts to commit prisoners carries with it the duty to immediately release them in case of detention for a period equivalent to or longer than the maximum imposable penalty.

This is consistent with the principles under the United Nations Standard Minimum Rules for the Treatment of Prisoners or the Nelson Mandela Rules, which provide that “purposes of a sentence of imprisonment or similar measures deprivative of a person’s liberty are primarily to protect society against crime and to reduce recidivism.”

Your uncle should now be released from detention and be given a chance to reintegrate himself to society and thereafter lead a law-abiding and self-supporting life.

Atty. Angela Antonio