Professional Documents
Culture Documents
In the first place, it was improper for the petitioner to take lunch with the prisoner and
her family when he was supposed to bring his charge to the jail. He even allowed the
prisoner and her husband to talk to each other at the request of a co-officer.
It is the duty of any police officer having custody of a prisoner to take necessary
precautions to assure the absence of any means of escape. A failure to undertake
these precautions will make his act one of definite laxity or negligence amounting
to deliberate non-performance of duty.
The arrangement with a lady friend should have aroused the petitioners suspicion
because the only pretext given by the prisoner was that she was going to answer the
call of nature. It was, therefore, unnecessary for her to be accompanied by anyone.
Despite this, the petitioner allowed the two to enter the comfort room without first
establishing for himself that there was no window or door allowing the possibility of
escape. He even allowed the prisoner's companion to leave the premises with the
excuse that there was a need to buy sanitary napkins. And he patiently waited for more
than ten minutes for the companion to return. This was patent negligence on the part of
the police officer.
The petitioner further contends that he cannot be convicted because there was no
connivance between him and the prisoner. However, the petitioner is not being charged
with conniving under Article 223 but for evasion through negligence under Article 224. It
is, therefore, not necessary that connivance be proven to hold him liable for the
crime of infidelity in the custody of prisoners.
WHEREFORE, the petition is hereby DISMISSED. The questioned decision of the
Sandiganbayan is AFFIRMED.
Note: Article 224 of the RPC provides,
ART. 224. Evasion through negligence. If the evasion of the prisoner shall have taken
place through the negligence of the officer charged with the conveyance or custody of
the escaping prisoner, said officer shall suffer the penalties of arresto mayor in its
maximum period to prision correccional in its minimum period and temporary special
disqualification.