In re: Pete Lagran

Facts: Lagran was convicted by RTC QC of 3 counts of violation of BP Blg. 22 - imprisonment of 1 yr each
count and a fine of 125,000. He appealed to the CA but was dismissed. He was committes to the QC jail and
was transferred to New Bilibid Prison where he has been serving his sentence until present. He filed for habeas
corpus, praying for his immediate release as he alleged that he already completed the service his sentence by
virtue of Art 70 of RPC. Accdg. to Art 70, "if the penalties or sentences imposed on the accused are identical,
and such penalties or sentences emanated from one court and one complaint, the accused shall serve them
simultaneously."
Issue: Whether or not Lagran is correct in alleging that he already completed his sentence by virtue of Art 70
Held: The SC dismissed Lagran's petition.
Art 70 of the RPc allows simultaneous service of two or more penalties only if the nature of the penalties so
permit. The penalties that can be simultaneously served are: 1. Perpetual/temporal absolute disqualification; 2.
Perpetual/temporal special disquali; 3. Suspension; 4. Destierro; 5. Public censure; 6. Fine and bond...; 7. Civil
interdiction; 8. Confiscation and payment of costs.
In the case at bar, the nature of the sentence imposed to Lagran does not allow him to serve all the prison terms
simultaneously.