Rosares vs. Director of Prisons

When the principal penalty imposed is higher than prision correctional, no subsidiary imprisonment shall be imposed upon the culprit under Article 39, paragraph 3, of the Revised Penal Code; thus, a convict whose true maximum term of six years and one day makes his penalty prision mayor, and who has already served his sentence, must be released.

Leoncio Rosares was convicted by the Court of First Instance of Leyte of homicide, and the sentence included an indemnity of P2,000. The Director of Prisons was the respondent custodian. Article 39, paragraph 3, of the Revised Penal Code supplies the statutory rule on subsidiary imprisonment when the principal penalty is higher than prision correctional.

Leoncio Rosares was convicted by the Court of First Instance of Leyte of homicide. The decision sentencing him included an indemnity of P2,000. He was thereafter detained under the custody of the Director of Prisons.

On November 14, 1948, Rosares filed in the Supreme Court a first petition for habeas corpus, alleging that his maximum term of imprisonment was six years. On that basis, and after computing the period of imprisonment already served, including preventive imprisonment and the period allowed for good conduct, it was found that he had yet to serve the subsidiary imprisonment provided by law because the indemnity of P2,000 remained unpaid. His first petition was denied by resolution dated November 17, 1949.

On February 9, 1950, Rosares filed a second petition asking for reconsideration of the resolution, alleging that his true maximum imprisonment was six years and one day, not only six years as erroneously alleged in his first petition. The addition of one day raised the prison sentence from prision correctional to prision mayor and placed the case within Article 39, paragraph 3, of the Revised Penal Code, which provides that when the principal penalty imposed is higher than prision correctional, no subsidiary imprisonment shall be imposed upon the culprit.

The record showed that without subsidiary imprisonment Rosares had already served his sentence, in fact with a little excess. The Solicitor General, representing the Director of Prisons, conducted the necessary investigation, made the same finding, and recommended that Rosares be released.

• Erroneous Maximum Term: Petitioner alleged that his true maximum imprisonment was six years and one day, not six years as erroneously alleged in his first petition.
• Prohibition on Subsidiary Imprisonment: Petitioner maintained that the addition of one day raised the penalty from prision correctional to prision mayor and placed the case within Article 39, paragraph 3, of the Revised Penal Code, under which no subsidiary imprisonment may be imposed when the principal penalty is higher than prision correctional.
• Reconsideration and Release: Petitioner asked for reconsideration of the prior resolution denying his first habeas corpus petition.

• Recommendation for Release: The Solicitor General, representing the Director of Prisons, after conducting the necessary investigation, made the same finding and recommended that petitioner be released.

• Subsidiary Imprisonment: Whether subsidiary imprisonment may be imposed for nonpayment of the P2,000 indemnity where the principal penalty imposed is higher than prision correctional under Article 39, paragraph 3, of the Revised Penal Code.
• Maximum Term and Penalty Classification: Whether petitioner's true maximum imprisonment of six years and one day raises his penalty from prision correctional to prision mayor.
• Entitlement to Release: Whether petitioner, having already served his sentence without subsidiary imprisonment, is entitled to release from detention.

• Subsidiary Imprisonment: No. Article 39, paragraph 3, of the Revised Penal Code provides that when the principal penalty imposed is higher than prision correctional, no subsidiary imprisonment shall be imposed upon the culprit.
• Maximum Term and Penalty Classification: Yes. The addition of one day to the period of imprisonment raises the prison sentence from prision correctional to prision mayor.
• Entitlement to Release: Yes. The record shows that without subsidiary imprisonment petitioner had already served his sentence, with a little excess, and the Solicitor General recommended release.

• Subsidiary Imprisonment: Under Article 39, paragraph 3, of the Revised Penal Code, subsidiary imprisonment is prohibited when the principal penalty imposed is higher than prision correctional. Petitioner's unpaid indemnity of P2,000 had initially appeared to require subsidiary imprisonment because his alleged maximum term was only six years. However, because his true maximum term was six years and one day, the principal penalty was prision mayor, which is higher than prision correctional. The prohibition therefore applied, and no subsidiary imprisonment could be imposed for the unpaid indemnity.
• Maximum Term and Penalty Classification: The first petition erroneously alleged a maximum term of six years. The correction to six years and one day was decisive because the addition of one day raised the prison sentence from prision correctional to prision mayor. That classification brought the case within the terms of Article 39, paragraph 3, of the Revised Penal Code.
• Entitlement to Release: Without subsidiary imprisonment, the record showed that petitioner had already served his sentence, in fact with a little excess. The Solicitor General, after the necessary investigation, made the same finding and recommended release. In view of these considerations, the prior resolution was set aside, the second petition was granted, and petitioner was ordered released unless there was any other lawful cause for further detention.

• Subsidiary Imprisonment; Article 39, Paragraph 3, Revised Penal Code — When the principal penalty imposed is higher than prision correctional, no subsidiary imprisonment shall be imposed upon the culprit. The Court applied this rule because petitioner's true maximum term of six years and one day made his principal penalty prision mayor, which is higher than prision correctional; accordingly, he could not be further detained to serve subsidiary imprisonment for the unpaid P2,000 indemnity.
• Penalty Classification by Duration — A maximum term of six years falls under prision correctional, while a maximum term of six years and one day raises the penalty to prision mayor. The Court relied on this distinction because the classification of the principal penalty determined whether subsidiary imprisonment was legally imposable under Article 39, paragraph 3, of the Revised Penal Code.

• "This addition of one day to the period of imprisonment raises the prison sentenced from prision correctional to prision mayor and places the case within the terms of Art. 39, par. 3 of the Revised Penal Code which provides that when the principal penalty imposed is higher than prision correctional no subsidiary imprisonment shall be imposed upon the culprit." — States the ratio decidendi: the one-day increase changed the penalty classification and triggered the statutory prohibition on subsidiary imprisonment.
• "The record shows that without this subsidiary imprisonment petitioner has already served his sentence, in fact, with a little excess." — Establishes the factual basis for release once subsidiary imprisonment was held unavailable.
• "In view of the foregoing considerations, the resolution of November 17, 1949, is hereby set aside; the second petition is granted and petitioner Leoncio Rosares is ordered released, unless there be any other lawful cause for his further detention." — States the dispositive ruling granting habeas corpus relief.

• Article 39, paragraph 3, Revised Penal Code — Provides that when the principal penalty imposed is higher than prision correctional, no subsidiary imprisonment shall be imposed upon the culprit. The provision was applied because petitioner's true maximum imprisonment of six years and one day made his principal penalty prision mayor, thus barring subsidiary imprisonment for the unpaid P2,000 indemnity.

Moran, C.J.; Ozaeta; Pablo; Bengzon; Padilla; Tuason; and Reyes, JJ.