GR 115504; (April, 1995) (Digest)
G.R. No. 115504 April 6, 1995
ANTONIO DANAO y ROXAS, petitioner, vs. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, respondents.
FACTS
Petitioner Antonio Danao y Roxas was convicted by the Regional Trial Court for violating Section 15, Article III of Republic Act No. 6425 (The Dangerous Drugs Act of 1972), as amended, for possession of one deck of methamphetamine hydrochloride (shabu). The Court of Appeals affirmed the conviction in toto, imposing an indeterminate penalty of six years and one day to twelve years of imprisonment and a fine of six thousand pesos. The Supreme Court initially denied Danao’s petition for review.
In a subsequent motion for partial reconsideration, the petitioner, through the Public Attorney’s Office, conceded to the factual findings of the lower courts. His plea shifted solely to a reduction of the penalty imposed. He invoked the retroactive application of the favorable provisions of Republic Act No. 7659, as established in People vs. Simon. Counsel clarified a critical fact previously unspecified in the information and lower court decisions: the shabu involved weighed only 0.06 gram, a detail supported by a certified transcript of the forensic chemist’s testimony.
ISSUE
Whether the penalty imposed on the petitioner should be reduced in light of the retroactive application of the favorable penalty provisions of R.A. No. 7659, considering the minimal quantity (0.06 gram) of shabu involved.
RULING
Yes, the penalty is reduced. The Supreme Court granted the motion for partial reconsideration. Applying the doctrine in People vs. Simon, the Court held that the provisions of R.A. No. 7659 which are favorable to the accused shall be given retroactive effect pursuant to Article 22 of the Revised Penal Code. R.A. No. 7659 amended the penalties for drug offenses, introducing graduated scales based on the quantity of the prohibited drug.
The Court overlooked procedural lapses in the appeal to serve the ends of justice, focusing on the substantive merit of the penalty modification. Since the weight of the shabu was only 0.06 gram, which is a minimal quantity, the applicable penalty under the amendatory law is significantly lower than that originally imposed under the old law. Consequently, the Court affirmed the conviction but modified the penalty. The fine was deleted, and the indeterminate sentence was reduced to six months of arresto mayor, as minimum, to four years and two months of prision correccional, as maximum.