G.R. No. L-3463; March 6, 1950
LEONCIO ROSARES, petitioner, vs. DIRECTOR OF PRISONS, respondent.

FACTS

Petitioner Leoncio Rosares was convicted of homicide and sentenced to imprisonment. In his first petition for habeas corpus, he alleged his maximum term was six (6) years. The Court denied his petition because, after computing his service including preventive imprisonment and good conduct time, he still had to serve a subsidiary imprisonment for non-payment of the P2,000 indemnity. In his second petition, he corrected his maximum term to six (6) years and one (1) day.

ISSUE

Whether the petitioner is entitled to release, considering that his corrected prison term eliminates the requirement for subsidiary imprisonment.

RULING

Yes. The correction of the prison term from six years to six years and one day raises the penalty from prision correctional to prision mayor. Under Article 39, paragraph 3 of the Revised Penal Code, when the principal penalty imposed is higher than prision correctional, no subsidiary imprisonment shall be imposed. Since the petitioner has already served his sentence (even with a slight excess) without the subsidiary imprisonment, and the Solicitor General concurs and recommends release, the Court grants the petition. The previous resolution is set aside, and the petitioner is ordered released unless there is another lawful cause for his detention.

AI Generated by Armztrong.