G.R. No. 8909 ; April 30, 1955
JOSE LAANAN, recurrente, vs. EL ALCALDE PROVINCIAL DE RIZAL, recurrido.

FACTS

Jose Laanan filed a petition for a writ of habeas corpus seeking his immediate release. On May 6, 1953, he was convicted by the Court of First Instance of Rizal in twelve (12) separate cases of estafa, each sentenced to four months and one day of arresto mayor, plus payment of the defrauded amount or subsidiary imprisonment in case of insolvency. On the same date, he was also convicted, along with another accused, in four (4) separate cases of theft, each sentenced to six months and one day of prision correccional, plus payment of the stolen amount or subsidiary imprisonment.

ISSUE

Whether Jose Laanan is entitled to immediate release from detention on the ground that he has already served the maximum aggregate penalty for his multiple convictions, after accounting for the rules on service of multiple penalties and allowances for good conduct.

RULING

The Supreme Court granted the petition and ordered the immediate release of Jose Laanan. The Court computed the total penalty he was required to serve under the Revised Penal Code. Applying Article 70, as amended by Commonwealth Act No. 217 , the duration of the penalty for all sixteen (16) convictions should not exceed three times the most severe penalty imposed, which was six months and one day of prision correccional. This results in a maximum period of eighteen (18) months and three (3) days. Furthermore, this period must not exceed one-third of the total of the principal penalties (Articles 38 and 39, Revised Penal Code), which calculation yields a total penalty of twenty-four (24) months and four (4) days, or two years and four days. From this maximum aggregate penalty, the Court deducted an allowance for good conduct. Based on a certificate of good conduct issued by the acting warden and pursuant to Article 97(1) of the Revised Penal Code, Laanan was entitled to a deduction of five days for each month of service, totaling one hundred twenty (120) days. After this deduction, the net penalty to be served was twenty (20) months and four (4) days, or one year, eight months, and four days. The Court found that Laanan began serving his sentences on May 6, 1953. As of April 19, 1955 (the date of the certificate), he had already served one (1) year, eleven (11) months, and thirteen (13) days. Therefore, he had been detained in excess by three (3) months and nine (9) days, not counting his continued detention from April 20, 1955, onward. Consequently, the Court ordered his immediate release.