Parulan vs.

Director of Prisons
22 SCRA 638
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-Parulan was serviV ng life imprisonment (commuted to 20 years by the Pres of the
Phil) in Muntinglupa. In Oct 1964, he was transferred to Fort Bonifacio. He escaped in
the same month, but was recaptured in Manila.
- He was prosecuted for the crime oV

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f evasion of service of

sentence, penalized under RPC157. In 1966, CFI Manila found him guilty and
sentenced him accordingly.

- He filed a petition for a writ of habeas corpus directed to the Director of Bureau of
Prisons, praying that the latter be ordered to release immediately and without delay
the body of the petitioner from unlawful and illegal confinement. Parulan saw his
confinement illegal because the sentence of conviction imposed upon him for the
crime of evasion of service of sentence, penalized under RPC157, was rendered by a
court without jurisdiction over his person and of the offense with which he was
charged.
Issue:WON the CFI of Manila with jurisdiction to try and decide the case and to
impose the sentence upon Parulan for evasion of service of sentence
Held:Yes. In transitory crimes or continuing offenses, acts material to the crime occur
in one province and some in another, in which case, the rule is settled that the court
of either province where any of the essential ingredients of the crime took place has
jurisdiction to try the case.
- In some crimes, although the elements thereof for its consummation occurred in
one place, yet by the very nature of the offense committed, the violation is deemed
to be continuing.
- some crimes under 1st class: estafa or malversation, abductionC
- some crimes under 2nd class: libel, kidnapping and illegal detention (deprivation of
liberty is continuing), and evasion of service of sentence (the act of the escapee is a
continuous or series of acts set on foot by a single impulse and operated by an
unintermittent force, however long it may be)
- Crime is not consummated after the convict has escaped from confinement, for as
long as he continues to evade the service, he is deemed to continue committing the
crime and may be arrested without warrant at any place where he may be found;
Sec6 (c) Rule 113 of the Revised Rules of Court (one of the instances when a person
may be arrested without warrant is where he has excaped from confinement)
supports this