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People V.

Pimentel
G.R. 100210

Facts
Pimentel was charged under R.A. 1700, which is known as the Anti-
Subversion Law. A warrant of arrest was issued but unfortunately, he was later on
able to escape such warrant. After 7 years, Pimentel was finally found and that he
was finally found and that he was also found with numerous unlicensed firearms
and live ammunition within his possession. He was therefore charged with Illegal
Possession of Firearms and Ammunition in furtherance of Subversion before the
RTC. Pimentel filed a motion to quash on the basis that such charged place him in
a double jeopardy. He further claimed that the crime of illegal possession of
firearms and ammunition is absorbed with subversion. The RTC and CA granted
such motion to quash thereby making him only liable with subversion only.

Issue
Whether the lower courts were correct in applying the necessary penalties for the
crimes stated above

Held
No, the rulings of the lower court are now reversed

Ratio
Double jeopardy wasn’t properly applied in this particular case since under
the Revised Rules of Court. In order for the doctrine of double jeopardy to
prosper, it is necessary that the accused must be acquitted or dismissed in a similar
case. Moreso, while the case was still pending, R.A. 7636 was created which
totally repealed subversion or R.A. 1700 and the Supreme Court held that R.A.
7636 can now be used as the proper penalty since it is more favorable to the
accused. Since Pimentel is not a habitual delinquent, R.A. 7636 can be
retroactively applied. Lastly, the court ordered the release of Pimentel since he has
already exceeded the maximum penalty of what R.A. 7636 could be applied.

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