PEOPLE OF THE PHILIPPINES, vs. MICHAEL HERRERA and FRANCISCO ABBU, accused.
- G.R. Number: G.R. No. 93728
- Promulgated: 1995-08-21
- Ponente: Vitug, J.
Doctrine
The reduced penalties under R.A. No. 7659 may be applied retrospectively, warranting modification of sentences already imposed.
When reduced penalties apply, the Indeterminate Sentence Law is used to determine the new minimum and maximum penalties and permit release if already served beyond the new maximum.
An acquittal of a co-accused is a judgment that cannot be questioned in the present appeal and does not automatically secure the accused-appellant's acquittal.
Facts
Appellant Francisco Abbu was convicted by the RTC, Misamis Oriental, Branch XXI, for violation of Section 4, Article II, of R.A. No. 6425 and sentenced to life imprisonment and P20,000 fine; he appealed (conviction in trial court dated 02 February 1990).
Abbu and co-accused Herrera were charged in an information filed on 14 November 1988.
Co-accused Michael Herrera was acquitted; the Court stated that his acquittal cannot be invoked to obtain Abbu's acquittal.
The Court applied the reduced penalties under R.A. No. 7659 retroactively and modified Abbu’s sentence under the Indeterminate Sentence Law, ordering his immediate release as he already served more than the maximum imposed.
Issues
Whether the Court should affirm appellant's conviction for violation of Section 4, Article II, of R.A. No. 6425.
Whether the reduced penalties under R.A. No. 7659 apply retrospectively to appellant and require modification of the sentence under the Indeterminate Sentence Law.
Whether the acquittal of co-accused can be invoked to secure appellant's acquittal.
Ruling
The Court AFFIRMED the trial court's conviction of appellant for violation of Section 4, Article II, of R.A. No. 6425 but MODIFIED the penalty: indeterminate sentence ranging from six (6) months arresto mayor maximum to four (4) years two (2) months prision correccional medium; ordered IMMEDIATE RELEASE as he already served more than the new maximum.
The acquittal of co-accused Michael Herrera cannot be used to obtain appellant's acquittal.
The Court applied R.A. No. 7659 retrospectively and deleted the prior imposition of reclusion perpetua to death where applicable, recalculating penalties under the Indeterminate Sentence Law.