Imprisonment of detainees beyond the maximum penalty is not only cruel and inhumane but also undermines dignity, according to the Supreme Court (SC).
In People of the Philippines vs. Agustin and Antonio, the High Court said “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.”
In the said case penned by Associate Justice Mario Lopez, the SC noted it “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.”
It added those purposes can be achieved only if the period of imprisonment is used to ensure, so far as possible, the reintegration of such persons into society upon release so that they can lead a law-abiding and self-supporting life.
The SC’s Second Division affirmed Jovelyn Antonio’s conviction of qualified theft but ordered her immediate release from detention due to service of sentence. It reconsidered the penalty that could be imposed given the amount stolen, the penalty for the crime is prision mayor, which carries a maximum imprisonment term of up to 10 years and 8 months.
The Court cited Article 89, paragraph 2 of the Revised Penal Code, which provides that criminal liability is extinguished by service of the sentence.
In the present case, Jovelyn has been detained since November 24, 2011, or for almost 12 years. As the maximum penalty for her crime is 10 years and eight months, she had already been detained beyond the maximum imposable penalty.
