Commission On Human Rights v. Director Vinarao
REITERATIONFacts
The Antecedents: Mauro P. Magtibay was caught in flagrante delicto selling ten (10) grams of dried marijuana leaves during a buy-bust operation on August 21, 1989, in Cuenca, Batangas. He was convicted by the Regional Trial Court of Batangas City, Branch III, for violation of Section 4, Article II of R.A. No. 6425 (The Dangerous Drugs Act of 1972), as amended, and sentenced to suffer life imprisonment. Procedural History: Accused-appellant Magtibay has been under preventive detention since August 21, 1989. He is contesting his conviction in G.R. No. 104992. The Commission on Human Rights filed a Petition for Habeas Corpus (G.R. No. 121424) seeking his immediate release. The Petition: Petitioners seek the immediate release of Magtibay on the ground that he has already served the term of imprisonment applicable to his offense, considering the amendments introduced by R.A. No. 7659, which modified the penalties for violations of R.A. No. 6425.
Issue(s)
Whether the accused-appellant is entitled to immediate release from detention, considering the amended penalties for the offense. Whether the period of preventive detention served by the accused-appellant exceeds the maximum penalty imposable for the offense, considering subsequent amendatory laws and its implications under Article 29 of the Revised Penal Code.
Ruling
The Petition in G.R. No. 121424 is GRANTED, and the accused-appellant Mauro P. Magtibay is ORDERED RELEASED IMMEDIATELY, unless he is being detained on some other legal charge. The Petition in G.R. No. 104992 is DISMISSED for being moot and academic.
Ratio Decidendi
On the entitlement to immediate release: The Court granted the petition for habeas corpus due to the Solicitor General's lack of objection and the Bureau of Corrections' report indicating that the accused-appellant's preventive imprisonment exceeded the possible maximum imprisonment. R.A. No. 7659, effective December 31, 1993, amended R.A. No. 6425, reducing the penalty for involvement with less than 750 grams of prohibited drugs. For marijuana leaves below 250 grams, the penalty is now prision correccional, contrasting with the original penalty of 12 years and one day to 20 years of prision mayor. The Court's rulings in People vs. Simon and People vs. De Lara affirmed this reduced penalty for quantities below 250 grams. On the period of preventive detention: The Court found that Magtibay's preventive detention, commencing on August 21, 1989, surpassed the maximum penalty applicable under the amended law. Article 29 of the Revised Penal Code allows for the release of an accused who has undergone preventive detention for a period equal to or longer than the imposable penalty. The accused-appellant had served more than six years of preventive detention as of the date of the petition, which was sufficient to warrant his release under the circumstances.
Main Doctrine
A petition for habeas corpus may be granted for the immediate release of an accused who has already served a period of preventive detention exceeding the maximum penalty imposable for the offense, considering amendments to relevant laws.