People v. Abedes
REITERATIONFacts
The Antecedents: Accused Ramon Abedes y Salgado was charged with selling and delivering marijuana (6.5 grams of dried leaves and seeds, and 17.5 grams of marijuana cake) to a poseur-buyer, in violation of Section 4, Article II of Republic Act No. 6425, as amended. Procedural History: The Regional Trial Court of Quezon City convicted Abedes and sentenced him to life imprisonment (30 years) and a fine of P20,000.00, with subsidiary imprisonment in case of insolvency. The Court of Appeals affirmed this decision. This Court, in a prior resolution, affirmed the trial court's decision but ordered the elimination of the phrase '30 years' from the sentence. The Petition: Invoking the ruling in People vs. Simon, which allowed the retroactive application of reduced penalties under R.A. No. 7659, Abedes filed an "Urgent Motion to Modify Decision" seeking the application of the lesser penalty prescribed by the amended law, which would be prison correccional. He argued that he had already served more than twelve (12) years and three (3) months of imprisonment, exceeding the maximum of six (6) years of prision correccional.
Issue(s)
Whether the reduced penalties prescribed under R.A. No. 7659 can be retroactively applied to offenses committed prior to its effectivity. Whether the accused is entitled to immediate release from custody based on the retroactive application of the reduced penalty.
Ruling
The motion to modify the decision is GRANTED. The immediate release from custody of Ramon Abedes y Salgado is ordered unless he should still be detained for some other lawful cause.
Ratio Decidendi
On the retroactive application of R.A. No. 7659: The Court reiterated its ruling in People vs. Simon that the reduced penalties prescribed under the Dangerous Drugs Act, as amended by R.A. No. 7659, could be retroactively applied. This amendment significantly reduced the penalty for the offense committed by the accused. The Court found that the newly prescribed penalty for Abedes' offense would only be prison correccional. Applying the Indeterminate Sentence Law, the range of the indeterminate penalty, modified accordingly, should be from six (6) months of arresto mayor as minimum to six (6) years of prision correccional as maximum. This demonstrates a clear application of a subsequent, more favorable penal law to an accused, a well-established principle in criminal law. On the entitlement to immediate release: The Court noted that from his initial confinement in October 1984 up to the present, Abedes had already served at least twelve (12) years and three (3) months of imprisonment. This period well exceeded the maximum penalty of six (6) years of prision correccional as modified by the retroactive application of R.A. No. 7659. In line with its resolution in Rolando Angeles y Bombita vs. Director of New Bilibid Prison, the Court liberally construed the formalities required for habeas corpus in the invocation of the retroactive effect of R.A. No. 7659. The Court treated the instant motion as substantial compliance with the requirements for seeking relief under the new law, thereby directing the accrual of the newly prescribed penalty to the accused's benefit and ordering his immediate release.
Main Doctrine
The reduced penalties prescribed under R.A. No. 7659 may be retroactively applied to offenses committed prior to its effectivity, entitling the accused to the benefit of the newly prescribed penalty and immediate release if the sentence served exceeds the modified penalty.