Art. 224. Evasion through negligence.

Rodillas vs. Sandiganbayan

Facts: This is a petition brought by Alfredo Rodillas y Bondoc asking for the reversal of a decision of the Sandiganbayan which found him guilty beyond reasonable doubt of the crime of Infidelity in the Custody of Prisoner Thru Negligence (Art. 224, RPC). Petitioner allegedly, with great carelessness and unjustifiable negligence, allowed and permitted prisoner Zenaida Sacris Andres to have snacks and enter the comfort room at the second floor of the Genato Building, Rizal Avenue, Caloocan City after the hearing of said case, without first ascertaining for himself whether said comfort room is safe and without any egress by which the said detention prisoner could escape, thereby enabling said Zenaida Sacris Andres, to run away and escape thru the window inside the comfort room, as in fact she did run away and escape from the custody of said accused. The petitioner specifically alleges that his conviction by the Sandiganbayan was based merely on his admissions without the prosecution presenting evidence to prove his negligence.

Issue/s: Whether or Not there is negligence.

Held: Yes, there was negligence. It is evident from the records that the petitioner acted negligently and beyond the scope of his authority when he permitted his charge to create the situation which led to her escape. The petitioner contends that human considerations compelled him to grant Zenaida Andres requests to take lunch and to go to the comfort room to relieve herself. As a police officer who was charged with the duty to return the prisoner directly to jail, the deviation from his duty was clearly a violation of the regulations. 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. His tolerance of arrangements whereby the prisoner and her companions could plan and make good her escape should have aroused the suspicion of a person of ordinary prudence.