PEOPLE VS PATALIN 311 SCRA 186

Tuesday, January 20, 2009 Posted by Coffeeholic Writes

Labels: Case Digests, Criminal Law

Facts: Alfonso Patalin and Alex Mijaque, herein accused were convicted of Robbery
with Multiple Rape committed in the evening of August 11, 1984 against the Aliman
family. They were meted the supreme penalty of death. At the time the crimes
charged were committed in 1984, robbery with rape was punishable by death,
however, by virtue of the ratification of the 1987 Constitution, the death penalty
was abolished and all death penalties already imposed were reduced to reclusion
perpetua. The decision for the present case was promulgated on June 14, 1995,
after the effectivity of RA 7659 which restored the death penalty. Appellants now
contend that the trial court erred in imposing the death penalty as the same was
suspended upon ratification of the 1987 Constitution.
Issue: When the death penalty was abolished in 1987 and was retroactively
applied to herein accused, did they gain a vested right thereto so that any future
law restoring the death penalty would no longer cover them?
Held: Although at the time of the effectivity of the 1987 Constitution the present
casewas still its trial stage, it is clear that the framers intended the provision to
have a retroactive effect on pending cases without any penalty of death having
been imposed yet. The retroactive effect may be given during three possible stages
of a criminal prosecution: a) when the crime has been committed and the
prosecution began; b) when sentence has been passed but service has not begun;
and c) when the sentence is being carried out. The abolition of the death penalty
benefits herein accused by virtue of Art 22 of the RPC which provides that penal
laws shall have retroactive effect insofar as they favor the person guilty of the
felony who is not a habitual criminal.Hence, they are subject to a reduction of
penalty from death to reclusion perpetua. A subsequent statute cannot be applied
retroactively as to impair a right that accrued under the old law.