Article 156 – Delivering prisoners from jail
The penalty of arresto mayor in its maximum period to prision correccional in its minimum
period shall be imposed upon any person who shall remove from any jail or penal
establishment any person confined therein or shall help the escape of such person, by
means of violence, intimidation, or bribery. If other means are used, the penalty of arresto
mayor shall be imposed.
If the escape of the prisoner shall take place outside of said establishments by taking the
guards by surprise, the same penalties shall be imposed in their minimum period.
Elements:
1. That there is a person confined in a jail or penal establishment;
2. That the offender removes therefrom such person, or helps the escape of such
person.
Discussion-
(1) "That there is a person confined in a jail or penal establishment."
The person here may be a detention prisoner or a prisoner convicted by final judgement or
serving sentence by final judgement.
*Here, When you say detention prisoner, this refers to a person who is accused of a crime
and who is temporarily confined in jail or penal establishment while his case is on-going or is
not yet terminated. Now when you talk about a prisoner convicted by final judgement, this
refers to a person who has been convicted and his conviction is already final; Meaning to
say he has lost his opportunity to appeal his case or he may have appeal his case but the
higher court before whom his case was appealed affirmed the decision of the lower court.
Jail or penal establishment may refer to any lock-up cell in every police station, or any jail
managed by the BJMP or LGU or the Bureau of Corrections. It extends to the
hospitals/asylums where the prisoner is temporarily confined.
(2) "That the offender removes therefrom such person, or helps the escape of such
person."
The "offender" here is any person who is not the custodian of the prisoner. The custodian
refers to the public officer (policeman-in- charge; jail guard-in-charge) having custody of
such prisoner. If the custodian himself connived in the escape of the prisoner or the latter
escapes through his negligence, such custodian will be liable for infidelity in the custody of
prisoners under Arts. 223 or 224 of the RPC, as the case may be.
Thus, the offender may be an:
1. outsider;
2. a public officer/employee who does not have custody or charge of the prisoner;
*Here, the offender must not be in-charge of a prisoner to be held liable under Art.
156, if that person is only working in the penal Institution/establishment like the clerk
inside the penal establishment who doesn't have custody of the prisoner who
escaped then he can be liable under Art. 156 if he violates the same.
3. a fellow prisoner who helps in the escape of the prisoner; or
4. the policeman or jail guard-in-charge who is off-duty.
NOTE: The removal or the assistance rendered does not have to be by means of violence,
intimidation, or bribery. Other means may be used. The means used is not an element of the
crime.
*Here, the means used (violence, intimidation, or bribery) is not an element of the crime but
only raises the penalty of the same.
If the removal or assistance rendered is by means of violence, intimidation, or bribery, the
penalty is higher (arresto mayor maximum to prision correccional minimum). If through other
means, the penalty is lower (arresto mayor).
"If the escape of the prisoner shall take place outside of said establishments by taking the
guards by surprise, the same penalties shall be imposed in their minimum period." -
*Here, For the paragraph to apply the removal or the assistance rendered must take place
outside the jail or penal establishment and although it would seem that in this 2nd paragraph
there is only one means used in helping the prisoner escape by way of taking the guards by
surprise, I would theorize that the escape of the prisoner or the assistance rendered to the
prisoner who escapes can be done through other means like violence, intimidation, or
bribery it doesn't have to be limited by taking the guards by surprise even though the 2nd
par. only mentions one way of helping or assisting the prisoners escape.
-The removal or assistance rendered must take place outside of the jail or penal
establishment.
-Here, it would seem that the means used in helping the prisoner escape is by way of "taking
the guards by surprise".
What about the prisoner whose escape was due to the commission of the crime of delivering
prisoners from jail, is such prisoner liable?
It depends.
➢ If the prisoner is a detention prisoner, such prisoner is not criminally liable.
*Here, He is not criminally liable because there is no provision in the revised penal
code nor in special penal law punishing a detention prisoner who escapes but if the
prisoner is convicted by final judgement, he will be liable under Art. 157 or 158 of the
RPC.
➢ If the prisoner is a convict by final judgement, then he will be liable for the crime of
evasion of service of sentence under Arts. 157 or 158 of the RPC.
