Consti II case digest: VALEROSA VS PEOPLE

ex post facto law

FACTS:

Armed with warrant of arrest and based on the probable reason to believe based on surveillance conducted in herein petitioners hideouts in Cavite, Caloocan and Bulacan, and when the petitioner is about to board a tricycle, he was then arrested and was charged in violation of illegal possession of firearm and ammunition under PD 1866, as amended.

The lower court imposed a penalty of prision correccional in its maximum period or from 4 years, 2 months and 1 day as minimum to 6 years as maximum and to pay the fine in the amount of Php 15, 000.

Upon motion for reconsideration, the Court of Appeals rendered a decision with modification of a period of 4 years and 2 months as minimum up to 6 years as maximum.

The petitioner herein was charged with the crime of illegal possession of firearms and ammunition under the first paragraph of Section 1 of PD No 1866, as amended. It provides that the penalty of RECLUSION TEMPORAL shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any firearm, part of firearm, ammunition or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition.

PD 1866 as amended,was the governing law at the time the petitioner committed the offense/ however RA No 8294 amended PD No 1866 during the pendency of the case with the trial court.

Section 1: Unlawful manufacture, sale, acquisition, disposition or possession of Firearms or ammunition or instruments used or intended to be used in the manufacture of firearms or ammunition. - the penalty of PRISION CORRECCIONAL in its maximum period and a fine of not less than Php 15, 000 shall be imposed upon any person who shall unlawfuly manufacture, deal in, acquire, dispose, or possess any low powered firearm, suc as..

ISSUE:

Whether or not the amended PD 1866 imposing prisional correccional as punishment shall be imposed to the petitioner in the case at bar.

HELD:

Yes.As a general rule, penal laws should not have retroactive application, lest they acquire the character of an ex post facto law. An EXCEPTION to this rule, however is when the law is advantageous of the accused.

A new law has a prospective, not retroactive, effect. however penal laws that favor a guilty person, who is not a habitual criminal, shall be given retroactive effect. These are the rule, the exception and exception to the exception on effectivity of laws.