- Petitioner
- People
- Respondent
- Maclang
- Citation
- G.R. No. 214218
- Court
- Supreme Court
- Decided
- September 21, 2022
Whether prisoner Rolando V. Maclang, Jr. has fully served his reclusion perpetua sentence and is entitled to immediate release considering time…
Summary
Parents of Rolando V. Maclang, Jr., who was convicted of kidnapping for ransom and sentenced to reclusion perpetua, filed a habeas corpus petition claiming their son had fully served his sentence when time allowances for good conduct under RA 10592 are considered. The Court of Appeals denied the petition, ruling that he had only served 25 years and 7 months, insufficient for the 40-year duration of reclusion perpetua. The Supreme Court partially granted the petition, clarifying that while Rolando Jr. cannot avail of penal colonist benefits without presidential approval, RA 10592 benefits apply retroactively. Given that over 8 years have passed since the OSG's computation showing 30+ years served, the Court referred the case to RTC Muntinlupa to determine actual confinement time and whether immediate release is warranted. This case establishes important precedents on retroactive application of RA 10592, requirements for penal colonist benefits, and proper procedure for computing sentence duration in post-conviction habeas corpus proceedings.
Focus of dispute
Whether prisoner Rolando V. Maclang, Jr. has fully served his reclusion perpetua sentence and is entitled to immediate release considering time allowances for good conduct under Republic Act No. 10592
Legal facts
Rolando V. Maclang, Jr. was detained on October 27, 1997 for kidnapping for ransom resulting in victim's death. RTC Bacolod City Branch 50 convicted him and imposed death penalty. Supreme Court affirmed conviction on October 1, 2003. With enactment of RA 9346, sentence was modified to reclusion perpetua. Parents filed habeas corpus petition claiming he served over 30 years including time allowances for good conduct under RA 10592. He was classified as penal colonist on November 5, 1998 but without presidential approval. He underwent preventive imprisonment from October 27, 1997 to July 28, 2004, then actual service of sentence from July 29, 2004 onwards.
Judgement and reasoning
Court of Appeals (CA): Initially granted habeas corpus petition on March 28, 2014 and ordered production of prisoner. However, in Decision dated May 26, 2014, ultimately denied the petition. CA held that while RA 10592 can be applied retroactively, Rolando Jr. had only served 25 years and 7 months as of April 26, 2014, which is insufficient for reclusion perpetua that has 40-year duration. CA computed: actual time served (9 years, 8 months, 28 days) + credit for preventive imprisonment (6 years, 9 months, 2 days) + earned TAGC under RA 10592 (9 years, 1 month) = total 25 years, 7 months. CA rejected claim that reclusion perpetua duration is only 30 years, stating it requires 40 years unless prisoner qualifies as penal colonist with presidential approval.
Regional Trial Court of Bacolod City, Branch 50: Found Rolando V. Maclang, Jr. guilty of kidnapping for ransom resulting in death and sentenced him to death penalty along with several other accused.
Supreme Court (SC): Partially granted petition. Affirmed that Rolando Jr. cannot avail benefits of penal colonist without presidential approval, citing Tiu v. Dizon that classification as penal colonist requires both Director's classification and executive approval for sentence reduction. However, held that benefits of RA 10592 can be applied retroactively per Inmates of New Bilibid Prison v. De Lima. Noted OSG computed total time served with TAGC at 30 years, 4 months, 4 days as of March 19, 2014, and given 8+ years have passed, prisoner may now be entitled to release. Referred case to RTC Muntinlupa for determination of actual confinement time, earned TAGC computation, and entitlement to immediate release.