GR 107623; (June, 1995) (Digest)
G.R. No. 107623, June 30, 1995
People of the Philippines vs. Angelita Manalo y Dela Paz
FACTS
Angelita Manalo was charged and convicted by the Regional Trial Court for the illegal sale of 0.02 grams of shabu. She was sentenced to life imprisonment and a fine. The Supreme Court initially affirmed this conviction and penalty in a Decision dated February 23, 1994. Manalo filed a motion for reconsideration, which was denied, and her subsequent addendum to that motion, praying for the retroactive application of the newly enacted Republic Act No. 7659 to reduce her penalty, was noted without action as the judgment had attained finality.
Subsequently, on July 29, 1994, the Supreme Court promulgated its ruling in People v. Simon, which interpreted the conflicting provisions of R.A. 7659. The Simon doctrine held that even final and executory judgments may be modified for the purpose of applying the reduced penalties under the new law, with relief to be sought through a writ of habeas corpus. In light of this precedent, the Court decided to treat Manalo’s previously filed addendum as a petition for a writ of habeas corpus to address the penalty issue.
ISSUE
Whether the penalty imposed on Angelita Manalo, which had become final and executory, can be modified through a retroactive application of the more favorable penalty provisions under R.A. 7659.
RULING
Yes, the penalty can be modified. The Supreme Court applied the doctrine established in People v. Simon, which allows for the retroactive application of the favorable penalty provisions of R.A. 7659, as it is a penal law that is more lenient to the accused. The Court held that even final judgments can be rectified for this purpose through the procedural mechanism of a writ of habeas corpus. Consequently, the Court treated Manalo’s addendum as such a petition.
Applying R.A. 7659, the Court determined that the sale of 0.02 grams of shabu, being a minute quantity, falls under the second paragraph of Section 20 of the Dangerous Drugs Act, as amended. The imposable penalty is prision correccional. Further applying the Indeterminate Sentence Law, the Court modified the penalty to an indeterminate sentence of six (6) months of arresto mayor, as minimum, to four (4) years and two (2) months of prision correccional, as maximum. The conviction was affirmed but with this modified penalty.