GR L 3643; (March, 1950) (Digest)
G.R. No. L-3643; March 7, 1950
CARLOS ASPRA Y CRUSILLO, vs. THE DIRECTOR OF PRISONS
FACTS
Petitioner Carlos Aspra y Crusillo was committed to prison on October 23, 1948, to serve six separate sentences for estafa imposed by the Manila municipal court. Each sentence was 3 months and 11 days of arresto mayor, with the total indemnity amounting to P114. By the date of his petition for habeas corpus, he had already served over one year and three months of imprisonment.
ISSUE
Whether the petitioner’s continued detention is lawful, considering the application of the threefold rule under Article 70 of the Revised Penal Code on the maximum duration of his combined sentences.
RULING
No. The petition for habeas corpus is granted. Applying the threefold rule under Article 70 of the Revised Penal Code, as established in U.S. vs. Ballesteros and Bagtas vs. Director of Prisons, the total penalty to be served for multiple estafa convictions cannot exceed three times the penalty for a single offense. The petitioner had already served a period exceeding the maximum computable under this rule. The respondent Director of Prisons is ordered to release the petitioner immediately.
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