The time of stay in the hospital during detention while a criminal case is pending cannot be applied to the time served in the prison sentence.
Thus ruled the Sandiganbayan in denying the appeal of former Mayor Pedro Cuerpo of Rodriguez, Rizal, to include his confinement at the Philippine Heart Center in the service of his prison sentence.
The anti-graft court’s Special Second Division voted 4-1 in denying Cuerpo’s motion for reconsideration.
However, the court suspended the execution of judgment against Cuerpo and directed the PHC director to submit a medical report of his condition within 10 days upon receipt of its Sept. 5 resolution.
The Sandiganbayan meted out a maximum imprisonment of six months to Cuerpo in 2012 to after it found him guilty of violating Article 213 of the Revised Penal Code. The court said Cuerpo failed to comply with a court order for him to assist in the issuance of the building permit application of the Samahang Magkakapitbisig.
However, Cuerpo has yet to serve his prison sentence after arresting officers from the National Bureau of Investigation immediately brought him to PHC in November 2017 owing to his poor health at the time.
Cuerpo appealed to the Sandiganbayan to allow a hospital detention. But the court said there was “no compelling reason to reconsider” including his confinement as part of (the service of) his prison sentence.
The court added; “He is free to leave the PHC if his confinement is no longer needed.”
The chairman of the division, Associate Justice Oscar Herrera Jr. authored the resolution with the concurrence of Associate Justices Lorifel Pahimna, Sarah Jane Fernandez, Reynaldo Cruz. and Michael Frederick Musñgi.