SC orders release of convict jailed beyond maximum penalty

Imprisonment beyond the maximum penalty is not only cruel and inhumane but also undermines the dignity of detainees, the Supreme Court said, as it upheld the conviction of a woman for qualified theft while also ordering her immediate release due to the time she already served.

In a 12-page decision promulgated on March 15, 2023 and made public on Wednesday, the high tribunal’s Second Division affirmed the conviction of Jovelyn Antonio for qualified theft.

She was first convicted by the Tarlac City Regional Trial Court (RTC) in 2011. At the time, Antonio was responsible for verifying the authenticity of pawned items as secretary of GQ Pawnshop.

Records showed that she had used individuals to pawn fake items with a total appraised value of P585,250.

Antonio was sentenced to reclusion perpetua—a prison term of at least 30 years—and committed to the Correctional Institution for Women on Nov. 24, 2011.

Three years later, the Court of Appeals upheld her conviction, prompting her to appeal to the Supreme Court.

In its ruling on G.R. No. 223107, the high tribunal upheld Antonio’s conviction, agreeing that the prosecution had sufficiently proven all the elements of qualified theft.

Under Article 308 of the Revised Penal Code (RPC), theft occurs when someone takes another’s property without consent, with intent to gain, and without using violence, intimidation, or force. The crime becomes qualified when committed with grave abuse of confidence.

The high court found that Antonio took money from her employer by exploiting the trust placed in her as GQ Pawnshop secretary, in connection with the fraudulent transactions involving fake items.

Appropriate penalty

But in light of the amount stolen, the high tribunal ruled that the appropriate penalty was prisión mayor, which carries a maximum sentence of 10 years and eight months.

Citing Article 89, paragraph 2 of the RPC, the Supreme Court emphasized that criminal liability is extinguished upon service of the sentence.

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Since Antonio had been in detention since Nov. 24, 2011—almost 12 years at the time of the decision—she had already served time beyond the maximum penalty.

“Any prolonged imprisonment is not only cruel and inhumane but is also a ‘second-by-second assault on the soul, a day-to-day degradation’ of the dignity and person of the detainees,” the Supreme Court said in its ruling, penned by Associate Justice Mario Lopez.

The high court also noted that the policy of releasing detainees who have served time equivalent to or longer than the maximum penalty aligns with the principles under the United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Nelson Mandela Rules.