GR 92418; (November, 1995) (Digest)
G.R. No. 92418 November 20, 1995
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RITA LABRIAGA and JOEL LABRIAGA, accused-appellants.
FACTS
Accused-appellant Rita Labriaga was convicted for drug pushing under R.A. No. 6425 (The Dangerous Drugs Act) for selling two tea bags of marijuana in a buy-bust operation on January 28, 1988. The Regional Trial Court sentenced her to life imprisonment and a fine. In a motion for reconsideration, she sought the retroactive application of R.A. No. 7659, which amended the penalties for drug offenses, as interpreted in People v. Simon. She argued that the marijuana involved, estimated at approximately 1.9 grams based on the Simon precedent, warranted a reduced penalty of prision correccional (6 months and 1 day to 6 years).
Prison records showed Rita Labriaga had been confined since March 20, 1990. With credit for preventive imprisonment and good conduct time allowances, she had actually served over six years as of August 1995, which exceeded the maximum of prision correccional. The Court also noted that even if the 115 grams of marijuana found in her possession (which was not considered in her appeal) were included, the total would still be below the 250-gram threshold established under the new law for the heavier penalty.
ISSUE
Whether accused-appellant Rita Labriaga is entitled to release based on the retroactive application of the more favorable penalties under R.A. No. 7659 and the period she has already served.
RULING
Yes. The Court granted the motion, effectively treating it as a petition for habeas corpus. Following the doctrine in People v. Simon, the quantity of marijuana involved in Rita Labriaga’s case fell below 250 grams, making the applicable penalty prision correccional under the amendatory law. Since the penalty is favorable to the accused, it applies retroactively.
The Court liberally applied the rules on habeas corpus, consistent with its rulings in Angeles v. Bilibid Prison and People v. Agustin, considering the motion as a substantial compliance. As Rita Labriaga had already served more than the maximum penalty of prision correccional (6 years), her continued detention was no longer lawful. Accordingly, the Director of the Bureau of Corrections was ordered to release her from the Correctional Institution for Women, unless other lawful grounds for detention existed.