This case has been cited 2 times or more.
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2008-12-24 |
LEONARDO-DE CASTRO, J. |
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| The penalty of prision correccional is composed of three periods â"€ the minimum which ranges from 6 months and 1 day to 2 years and 4 months, the medium which is from 2 years, 4 months and 1 day to 4 years and 2 months, and the maximum which ranges from 4 years, 2 months and 1 day to 6 years. As found by the audit team, Judge Perello considered only the minimum period of prision correccional in granting the writs for habeas corpus such that when the prisoners had served imprisonment for a period of two (2) years, she immediately ordered their release. This is clearly erroneous because the petition for habeas corpus cannot be granted if the accused has only served the minimum of his sentence as he must serve his sentence up to its maximum term.[19] The maximum range of prision correccional is from 4 years, 2 months and 1 day to 6 years. This is the period which the prisoners must have served before their applications for writs of habeas corpus may be granted. | |||||
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2005-08-25 |
AUSTRIA-MARTINEZ, J. |
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| In Rigor vs. The Superintendent, New Bilibid Prison,[16] this Court found it to be in the interest of justice to correct the penalty imposed by the trial court so as to conform to the penalty prescribed by law despite the fact that the judgment had already become final and executory for therein petitioner's failure to take an appeal. Therein, the Court expounded thus:However, the Court noted a palpable error in the Joint Decision of the trial court that must be rectified in order to avoid its repetition. The trial court erroneously included an additional one day on the maximum period of arresto mayor imposed on petitioner, which is incorrect, as it is outside the range of said penalty. ... | |||||