There were reports that prisoners of the provincial jail in Tacloban City escaped when Typhoon Yolanda hit the city. What is then the legal consequence of their escape?
Art. 158 of the Revised Penal Code provides that if there is a disorder resulting from a conflagration, earthquake, explosion or similar catastrophe, or a mutiny in which a convict has not participated; the convict escapes or leaves the penal establishment; and he fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the President announcing the passing away of the calamity. The convict shall be penalized for additional 1/5 of his remaining sentence. The additional penalty of 1/5 of the remaining sentence must not exceed 6 months.
Thus, a convict who escaped from the provincial jail of Tacloban City or any areas hit by Yolanda and will not give himself up to the authorities within 48 hours after the announcement of Pres. Aquino of the passing away of the calamity will suffer additional penalty of 1/5 of his remaining sentence.
However, if the convict returns within 48 hours following the proclamation of the president announcing the passing of the calamity, he is given a deduction of 1/5 of his original sentence for loyalty.
It must be noted that Art.158 refers to a convict or a prisoner who was sentenced with final judgment, and not a prisoner whose case is still pending in court.
How about convicts who did not escape and faced squarely the angry winds and rain of Yolanda inside their cell and survived? If to follow strictly the letters of the law, they will not be given any reward, thus, no deduction of penalty. Justice Perfecto in his dissenting opinion in a 1947 case has described that interpretation as narrow-minded.
If the escapee is a detention prisoner and someone helped him in the escape, he can be liable under Art. 156 for delivery of prisoner from jail under the principle of conspiracy-between the detention prisoner and the one who helped in his escape. Nevertheless, I strongly doubt if we can file a case against Yolanda for conspiring with the escapee. There can be no such thing as People of the Phiilippines vs. Typhoon Yolanda et al.
Atty. Eduardo E. Felipe
Consolacion, Cebu