Tirol Digest

ALBERTO vs. DELA CRUZ

G.R. No. L31839, June 30, 1980
Concepcion, J.;

Facts:
Pablo Denaque, a detention prisoner for homicide, escaped while working at the
Guest House of Governor Cledera (Provincial Jailer) on September 12, 1968. It was the
accused, Eligio Orbita (Provincial Guard), himself who handpicked the group of prisoners
to work at the Governor’s residence on September 12, 1968. Orbita, was prosecuted for the
crime of Infidelity in the Custody of Prisoner (Article 224). Believing that the escape of
Denaque was made possible by the note of Gov. Cledera to Lt. Esmeralda (Assistant
Provincial Warden), the defense counsel filed a motion in court seeking the amendment of
the information so as to include Gov. Cledera and Esmeralda as defendants therein.

The respondent Judge, Hon. Dela Cruz, directed the office of Edmundo Alberto
(Fiscal) to cause the further investigation of the case, taking into consideration Article 156
in relation to Articles 223 and 224 of the Revised Penal Code to determine whether the
Governor as jailer of the Province and his assistant have any criminatory participation.
Since no additional evidence was presented, the Fiscal manifested that “no prima facie case
against Governor Cledera and Esmeralda exist, hence, they cannot be charged.” However,
upon filing of Orbita of an Motion for Reconsideration, the respondent judge ruled
otherwise and ordered the inclusion of the names of the two in the criminal charges. The
Fiscal filed a motion for the reconsideration of said order, but the motion was denied on
February 18, 1970.

Issue: Whether or not Gov. Cledera and Esmeralda may be prosecuted for the escape of
Denaque under Article 156

Ruling: No.

Offenses under Art. 156 of the RPC 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. 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 offenses under this article are 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 of the Revised Penal Code. Since Gov.
Cledera as governor, is the jailer of the province, and Esmeralda is the assistant provincial
warden, they cannot be prosecuted for the escape of Pablo Denaque under Article 156.