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People v. Abilong

Florentino Abilong appealed his conviction of evading his sentence under Article 157 of the Revised Penal Code. He had previously been convicted and sentenced to destierro, or banishment, for 100 km from Manila. However, he committed another crime within the banishment area. The Supreme Court ruled that the Spanish text of Article 157 is controlling, as the original law was enacted in Spanish. The Spanish text refers to "suffering deprivation of liberty" rather than just "imprisonment" as in the English text. Therefore, destierro, which deprives one of liberty, falls under Article 157, and Abilong's conviction was upheld.

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141 views2 pages

People v. Abilong

Florentino Abilong appealed his conviction of evading his sentence under Article 157 of the Revised Penal Code. He had previously been convicted and sentenced to destierro, or banishment, for 100 km from Manila. However, he committed another crime within the banishment area. The Supreme Court ruled that the Spanish text of Article 157 is controlling, as the original law was enacted in Spanish. The Spanish text refers to "suffering deprivation of liberty" rather than just "imprisonment" as in the English text. Therefore, destierro, which deprives one of liberty, falls under Article 157, and Abilong's conviction was upheld.

Uploaded by

Mario Moreno
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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People v.

Abilong
G. R. L-1960 , November 26, 1948

G.R. No. L-1960            November 26, 1948


THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, 
vs.
FLORENTINO ABILONG, defendant-appellant.

PONENTE: Montemayor, J.

FACTS:

Florentino Abilong is appealing from that decision of the lower court as to the
conviction under article 157 of the Revised Penal Code which is evasion of service of
sentence in relation to the order rendered by the municipal court on April 5, 1946,
wherein the accused-applelant have been convicted and sentenced to serve two (2)
years, four (4) months and one (1) day of destierro during which he should not enter
any place within the radius of 100 kilometers from the City of Manila, however, upon
commission of attempted robbery per in criminal case No. B-4795, he willfully,
unlawfully and feloniously evade the service of said sentence by going beyond the
limits made against him and commit vagrancy.

Counsel for the appellant contends that a person like the accused evading a
sentence of destierro is not criminally liable under the provisions of the Revised
Penal Code, particularly article 157 of the said Code for the reason that said article
157 refers only to persons who are imprisoned in a penal institution and completely
deprived of their liberty. He based his contention on the word "imprisonment" used
in the English text of said article.

ISSUE:

Whether or not English Text prevails over the Spanish Text?

RULLING:
No. It was ruled by the Supreme Court that in case of doubt, it is the Spanish text
that is controlling since the original text of the Revised Penal Code was approved and
enacted in Spanish Text. The Spanish text of article 157, to wit;
“ART. 157. Quebrantamiento de sentencia. — Sera castigado con prision
correccional en sus grados medio y maximo el sentenciado que quebrantare su
condena, fugandose mientras estuviere sufriendo privacion de libertad por sentencia
firme…”
In the case at bar, the word "imprisonment" used in the English text is a wrong
or erroneous translation of the phrase "sufriendo privacion de libertad" used in the
Spanish text and destierro was defined as deprivation of liberty.

Hence, the Spanish text prevails over English Text.

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