PEOPLE OF THE PHILIPPINES vs. SIMON (G.R. No. 93028 July 29, 1994)

PEOPLE OF THE PHILIPPINES, plaintiff-appellee

vs.

MARTIN SIMON y SUNGA, respondent

Doctrine:

Laws shall take effect fifteen days after its complete publication in Official Gazette or any newspaper of general circulation in the Philippines.

Facts:

The respondent was sentenced with the punishment of reclusion perpetua for violating the Dangerous Drug Act (RA No. 6425). He allegedly sold four tea bags of marijuana to a Narcotics Command during a buy-bust operation which was sold for P40.00. The said buy-bust operation was executed on or about October 22, 1988.

In this case, the respondent was praying for a lesser punishment under the Revised Penal Code (RPC).

Issue:

Whether or not the respondent can avail of the lesser punishment pursuant to Art. 22 of the RPC.

Held:

Yes, the respondent can avail of the lesser punishment prescribed by Art 22 of the RPC.

Republic Act No. 7659 already took effect on December 31, 1993 after its publication on December 16, 1993 while the respondent was still serving his sentence.

Hence, the respondent was given an indeterminate penalty of arresto mayor or prision correctional instead of serving its full sentence of reclusion perpetua.

Full Text: http://www.lawphil.net/judjuris/juri1994/jul1994/gr_93028_1994.html