The Supreme Court has ordered the release from detention of a woman penalized beyond the prison term imposable for her offense.

In a decision, the SC’s Second Division assailed the 30-year prison term imposed on accused Jovelyn Antonio for being cruel and inhumane. The magistrates said it also undermined the dignity of the convicted offender.

The ruling, written by Associate Justice Mario V. Lopez, affirmed the conviction for qualified theft of Antonio. However, the court downgraded the penalty of reclusion perpetua or 30 years imprisonment.

Given the amount stolen which was approximately PHP585,250, the penalty for Jovelyn’s crime should be prision mayor, which carries a maximum imprisonment term of up to 10 years and 8 months.

Having been detained since November 24, 2011, the accused had already been clamped in jail for about 13 years, thus, had already served her penalty.

Court records showed that in 2011, the Regional Trial Court (RTC) convicted Jovelyn of qualified theft for unlawfully taking money from her employer, GQ Pawnshop.

As the secretary, Jovelyn was responsible for verifying the authenticity of pawned items. She used individuals to pawn fake items, ultimately leading to the release of a total of PHP 585,250 in appraised value to the pawners.

The RTC imposed the sentence of reclusion perpetua after finding Jovelyn guilty of the offense charged.



In 2014, the Court of Appeals affirmed her conviction, prompting the present appeal before the Supreme Court.

The High Court found nothing in the appeal to reverse the conviction.

Under Article 308 of the Revised Penal Code (RPC), there is theft when one, with intent to gain but without violence, intimidation, or force, takes the personal property of another without consent. The crime is qualified, increasing the penalty, when committed with grave abuse of confidence.

The Court found that Jovelyn took the proceeds from the fake transactions, taking money from her employer and abusing the confidence entrusted to her as GQ Pawnshop’s secretary.

But the High Court rejected the penalty of reclusion perpetua.

Further, it noted that under Article 89, paragraph 2 of the RPC, criminal liability is extinguished by service of the sentence.

Jovelyn has been detained since November 24, 2011, or for almost 12 years. As the maximum penalty for her crime is 10 years and eight months, she had already been detained beyond the maximum imposable penalty.

The Court emphasized that the power of the courts to commit prisoners carries with it the duty to immediately release them in case of detention for a period equivalent to or longer than the maximum imposable penalty.

This is consistent with the principles under the United Nations Standard Minimum Rules for the Treatment of Prisoners or the Nelson Mandela Rules, which provide that “purposes of a sentence of imprisonment or similar measures deprivative of a person’s liberty are primarily to protect society against crime and to reduce recidivism. Those purposes can be achieved only if the period of imprisonment is used to ensure, so far as possible, the reintegration of such persons into society upon release so that they can lead a law-abiding and self-supporting life.”

The Court thus ordered Jovelyn’s immediate release, unless she is being lawfully held for another cause.